ALL THE CONTESTED TRANSACTIONS WERE CARRIED OUT IN PERFORMANCE OF ' ' FRAMEWORK CONTRACTS ' ' CONCLUDED WITH A NUMBER OF UNDERTAKINGS , IN PARTICULAR MARKMANN , SCHLAFHORST , CLAAS AND BERGBAU , PRIOR TO 15 SEPTEMBER 1981 , THE DATE OF EXPIRY OF THE PERIOD SET BY THE COMMISSION FOR THE PUBLICATION OF PRICE LISTS BY STEEL DEALERS .
6 THE COMMISSION DENIES , IN THE FIRST PLACE , THAT THE AGREEMENTS REFERRED TO BY EISEN AG ARE IN THE NATURE OF ' ' FRAMEWORK CONTRACTS ' ' . MOREOVER , IT CONSIDERS THAT , EVEN ON THE ASSUMPTION THAT IN THIS CASE THE AGREEMENTS ARE GENUINE ' ' FRAMEWORK CONTRACTS ' ' , THE PROVISIONS OF DECISION NO 1836/81 , WHICH WAS AN EMERGENCY MEASURE OF LIMITED DURATION , HAD TO BE DIRECTLY APPLICABLE ALSO TO PRE-EXISTING CONTRACTS IF THAT DECISION WAS NOT TO BE RENDERED WHOLLY INEFFECTIVE BY THE CHARGING OF PRICES STIPULATED IN PRE-EXISTING MEDIUM OR LONG-TERM CONTRACTS .
7 IT MUST BE POINTED OUT IN THAT REGARD THAT MEASURES OF ECONOMIC POLICY ADOPTED , AS IN THIS CASE , IN A SITUATION IN WHICH THE MARKET IS SERIOUSLY DISTURBED CAN ACHIEVE THEIR OBJECTIVE ONLY IF THEY TAKE EFFECT IMMEDIATELY .
8 MOREOVER , THAT REQUIREMENT WAS EXPRESSLY REFERRED TO IN THE THIRD RECITAL IN THE PREAMBLE TO DECISION NO 1836/81 WHERE IT IS EMPHASIZED THAT THE STEEL MARKET CONTINUES TO BE SERIOUSLY AFFECTED BY THE DETERIORATION OF THE ECONOMIC SITUATION AND THAT , IN ORDER TO CREATE ECONOMIC CONDITIONS FAVOURABLE TO THE INDISPENSABLE RESTRUCTURING OF THE IRON AND STEEL INDUSTRY , ' ' IMMEDIATE ACTION WITH REGARD TO THE SALES PRICES OF STEEL IS ABSOLUTELY NECESSARY ; . . . URGENT IMPLEMENTATION OF SUCH ACTION IS BECOMING INCREASINGLY ESSENTIAL IN THIS PERIOD OF CRISIS ' ' .
9 IT MUST BE REMEMBERED IN THAT REGARD THAT DECISION NO 1836/81 WAS BASED , AS IS ALSO CLEAR FROM THE RECITALS IN THE PREAMBLE THERETO , ON THE NEED ' ' TO IMPLEMENT A VERY SHORT-TERM ACTION FOR RATIONALIZATION OF THE STEEL MARKET IN SUCH A WAY AS TO BRING ABOUT THE RISE IN PRICES NECESSARY TO PREVENT FINANCIAL DISASTER ' ' . THUS , THE OBLIGATION INCUMBENT ON UNDERTAKINGS ENGAGED IN DISTRIBUTION ACTIVITIES TO PUBLISH THEIR PRICE LISTS AND TO REFRAIN FROM SELLING THEIR PRODUCTS AT A PRICE LOWER THAN THE LIST PRICE CONSTITUTES THE METHOD SELECTED BY THE COMMUNITY LEGISLATURE TO TERMINATE FORTHWITH THE GRANT OF INDIVIDUAL REBATES AND THE DISSIMILAR CONDITIONS OF SALE RESULTING THEREFROM AND THUS TO CONTRIBUTE TO A GENERAL INCREASE IN THE LEVEL OF PRICES .
10 IT FOLLOWS THAT THE PROVISIONS OF DECISION NO 1836/81 MUST APPLY TO ALL TRANSACTIONS STILL IN PROGRESS AFTER ITS ENTRY INTO FORCE AND MUST TAKE PRECEDENCE , WHERE APPROPRIATE , OVER ANY OBLIGATIONS ARISING UNDER PRE-EXISTING FRAMEWORK AGREEMENTS .
11 EISEN AG SUBSEQUENTLY CONTENDED THAT THE TRANSACTIONS CONCLUDED WITH MARKMANN MUST NOT BE REGARDED AS COMPARABLE TRANSACTIONS SINCE THEY EXHIBIT SPECIAL CHARACTERISTICS FOR THE