( B ) AND HAS MISUSED ITS POWERS .
32 THE APPLICANT REMARKS THAT , ACCORDING TO ARTICLE 60 ( 2 ) ( B ) OF THE ECSC TREATY , ALTHOUGH ANY INCREASE IS FORMALLY PROHIBITED , REDUCTIONS ARE PERMITTED PROVIDED THAT THEY DO NOT EXCEED ' ' THE EXTENT ENABLING THE QUOTATION TO BE ALIGNED ON THE PRICE LIST , BASED ON ANOTHER POINT WHICH SECURES THE BUYER THE MOST ADVANTAGEOUS DELIVERED TERMS ' ' . THE APPLICANT CLAIMS TO BE IN A POSITION TO ESTABLISH BY THE EVIDENCE OF WITNESSES THAT THE PRICES WHICH IT CHARGED IN THE TRANSACTIONS RECORDED BY THE COMMISSION ' S INSPECTOR ARE ALIGNED ON THE PRICES CHARGED BY OTHER PRODUCERS IN THE COMMUNITY ( FERALPI AND IRO ) IN COMPARABLE TRANSACTIONS AND CONCLUDES FROM THIS THAT IT WAS NOT IN BREACH OF ITS OBLIGATION TO REFRAIN FROM QUOTING PRICES LOWER THAN THOSE ON ITS LIST .
33 THESE ARGUMENTS MUST ACCORDINGLY BE CONSIDERED WITH REGARD TO ARTICLE 60 ( 2 ) ( B ) WHICH STATES THAT , FOR THE PURPOSES SET OUT IN PARAGRAPH ( 1 ) OF THAT ARTICLE , ' ' THE METHODS OF QUOTATION USED MUST NOT HAVE THE EFFECT THAT PRICES CHARGED BY AN UNDERTAKING IN THE COMMON MARKET , WHEN REDUCED TO THEIR EQUIVALENT AT THE POINT CHOSEN FOR ITS PRICE LISTS ' ' , RESULT IN REDUCTIONS BELOW THE PRICE SHOWN IN THE PRICE LIST IN QUESTION FOR A COMPARABLE TRANSACTION ' ' THE AMOUNT OF WHICH EXCEEDS . . . THE EXTENT ENABLING THE QUOTATION TO BE ALIGNED ON THE PRICE LIST , BASED ON ANOTHER POINT WHICH SECURES THE BUYER THE MOST ADVANTAGEOUS DELIVERY TERMS ' ' .
34 THAT PROVISION SHOWS THAT ALIGNMENT CONSTITUTES AN EXCEPTION TO THE PRINCIPLE CONCERNING LIST PRICES AND THAT THE OFFER MADE TO THE CUSTOMER MUST BE ALIGNED ON A PRICE LIST BASED ON ANOTHER POINT WHICH SECURES THE BUYER MORE ADVANTAGEOUS TERMS . ALIGNMENT IS ACCORDINGLY PROHIBITED BETWEEN UNDERTAKINGS QUOTING ON THE BASIS OF THE SAME BASING POINTS . THAT PROHIBITION , WHICH HAS REGARD FOR THE GENERAL SYSTEM OF THE TREATY , IS INTENDED TO ENSURE COMPLIANCE WITH THE OBLIGATION TO MAKE PUBLIC PRICE LISTS AND CONDITIONS OF SALE AND TO MAINTAIN THE TRANSPARENCY OF THE MARKET .
35 ACCORDINGLY RUMI , WHOSE BASING POINT IS MONTELLO , COULD NOT ALIGN ITSELF ON THE UNDERTAKINGS FERALPI AND IRO , WHOSE BASING POINTS ARE LONATO AND ODOLO RESPECTIVELY , WHICH ARE SITUATED IN THE SAME ZONE AND DO NOT ENTAIL MORE ADVANTAGEOUS DELIVERY TERMS FOR THE FRENCH CUSTOMER TO WHOM THE REINFORCEMENT BARS WERE SOLD .
36 IT IS CLEAR FROM THOSE CONSIDERATIONS THAT THE THIRD SUBMISSION MUST BE REJECTED , INCLUDING THAT ASPECT OF IT CLAIMING A MISUSE OF POWERS , IN SUPPORT OF WHICH NO ARGUMENT WAS ADDUCED .
37 IN THE EVENT OF THE ACTION FOR ANNULMENT BEING DISMISSED THE APPLICANT HAS , CLAIMED IN THE ALTERNATIVE THAT THE FINE , WHICH AMOUNTS TO