S FAILURE TO FULFIL ITS OBLIGATIONS REGARDING THE DECLARATION OF ITS PRODUCTION . INDEED , THE REFERENCE TO THE DECISION OF 3 JUNE 1983 , WHICH WAS ADOPTED IN ORDER TO PENALIZE THE BREACH OF OBLIGATIONS CONCERNING PAYMENT OF THE LEVY , SHOWS PRECISELY THAT THAT BREACH WAS NOT THE SUBJECT OF THE DECISION WHICH IS CHALLENGED IN THIS CASE . IN THOSE CIRCUM STANCES , IT CANNOT BE SAID THAT THE CONTESTED DECISION HAD A PURPOSE OTHER THAN TO PENALIZE THE EXCEEDING OF THE QUOTA IN QUESTION .
14 THIS SUBMISSION MUST THEREFORE BE REJECTED .
MANIFEST INJUSTICE OF THE DECISION
15 SECONDLY , AS FAR AS CONCERNS THE SUBMISSION THAT THE DECISION IS MANIFESTLY UNJUST , FERRIERE DI BORGARO CONTENDS THAT THE COMMISSION FAILED TO TAKE INTO CONSIDERATION THE SPECIFIC CIRCUMSTANCES IN WHICH THE QUOTA WAS EXCEEDED AND IN PARTICULAR THE FACT THAT THE EXCESS WAS IMPUTABLE TO THE COMMISSION . IT ARGUES FIRST OF ALL THAT IT WAS NOT CLEAR HOW BILLETS OF LESS THAN 50 MM THICKNESS WERE TO BE CLASSIFIED UNDER THE SYSTEM ESTABLISHED BY DECISION NO 2794/80 ; WHAT IS MORE , THE COMMISSION ' S INSPECTORS DID NOT DRAW ITS ATTENTION TO THE FACT THAT IT HAD DECLARED THOSE PRODUCTS INCORRECTLY . ITS SECOND POINT IS THAT THE CASES IN WHICH UNDERTAKINGS ARE EXEMPT FROM THE QUOTA SYSTEM ARE NOT CLEARLY DEFINED IN THE COMMUNITY PROVISIONS AND THAT CONSEQUENTLY IT COULD NOT HAVE KNOWN THAT IT WAS REQUIRED TO DECLARE ITS PRODUCTION . FINALLY , THE APPLICANT COMPLAINS THAT THE COMMISSION DID NOT TAKE SUFFICIENT ACCOUNT OF THE FACT THAT , IN SPITE OF REPEATED REQUESTS , THE DECISION RECTIFYING THE MATTER WAS NOT ADOPTED UNTIL AFTER THE RELEVANT QUARTER HAD EXPIRED .
16 THE COMMISSION , ON THE OTHER HAND , ARGUES THAT THE APPLICANT IS PRIMARILY RESPONSIBLE FOR EXCEEDING ITS QUOTA : ITS INCORRECT DECLARATIONS AS TO THE NATURE OF ITS PRODUCTION WERE THE CAUSE OF THE INITIAL INCORRECT ALLOCATION OF ITS QUOTA . THE COMMUNITY RULES ON THE CLASSIFICATION OF THE PRODUCTS IN QUESTION ARE CLEAR . DECISION NO 2794/80 REFERS IN THIS REGARD TO EUROSTAT QUESTIONNAIRES NOS 2-13 AND 2-11 WHICH IN TURN REFER TO EURONORMS WHICH ARE DISTRIBUTED TO THE UNDERTAKINGS CONCERNED . IT IS ALSO CLEAR FROM THE COMMUNITY LEGISLATION THAT THE APPLICANT DOES NOT QUALIFY FOR EXEMPTION FROM THE QUOTA SYSTEM . FINALLY , THE ARGUMENT THAT THE COMMISSION WAS SLOW TO ADOPT ITS DECISION CANNOT BE ACCEPTED SINCE THE PERIOD OF THREE MONTHS WHICH ELAPSED BETWEEN THE FIRST REQUEST FOR RECTIFICATION AND THE ADOPTION OF THE DECISION RECTIFYING THE MATTER WAS REASONABLE HAVING REGARD IN PARTICULAR TO THE FACT THAT IT WAS FIRST NECESSARY TO CARRY OUT AN ON-THE-SPOT INSPECTION . IN ANY EVENT , BY 22 MARCH 1982 AT THE LATEST , THE APPLICANT POSSESSED ALL THE INFORMATION IT NEEDED TO CALCULATE ITS QUOTA ITSELF , AS IS SHOWN BY THE TELEX MESSAGE WHICH IT SENT ON THAT DAY , AND FURTHERMORE THE ATTENUATING