Judgment of the Court (Fourth Chamber) of 10 July 1985. - Wirtschaftsvereinigung Eisen- und Stahlindustrie v Commission of the European Communities. - Transparency of the production quota system. - Case 27/84.
European Court reports 1985 Page 02385
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . ECSC - PRINCIPLES - PUBLICITY - PURPOSE - SAFEGUARDING EQUAL ACCESS TO SOURCES OF PRODUCTION - COMBATING DISCRIMINATORY PRACTICES
( ECSC TREATY , ARTS 3 ( B ), 5 AND 47 )
2 . ECSC - INSTITUTIONS - COMMISSION - DUTY TO PUBLISH INFORMATION USEFUL TO UNDERTAKINGS - DUTY NOT TO DISCLOSE INFORMATION SUBJECT TO BUSINESS SECRECY - NEED TO RECONCILE THOSE DUTIES
( ECSC TREATY , ART . 47 )
3 . ECSC - INSTITUTIONS - COMMISSION - DUTY TO PUBLISH INFORMATION USEFUL TO UNDERTAKINGS - STEEL PRODUCTION QUOTAS - DISCLOSURE OF ADJUSTMENTS GRANTED PURSUANT TO GENERAL DECISIONS NOS 2177/83 AND 234/84 - SCOPE
( ECSC TREATY , ART . 47 ; GENERAL DECISIONS NOS 2177/83 AND 234/84 , ARTS 10 , 14 , 14C AND 16 )
Summary
1 . EQUAL ACCESS MUST BE SECURED FOR ALL COMPARABLY PLACED UNDERTAKINGS WITHIN THE COMMON MARKET PURSUANT TO ARTICLE 3 ( B ) OF THE ECSC TREATY , AND DISCRIMINATORY PRACTICES THWARTED BY MEANS OF THE DISCLOSURE OF THE RELEVANT INFORMATION TO UNDERTAKINGS . AS A RESULT , THE PRINCIPLES OF PUBLICITY AND NON-DISCRIMINATION ARE LINKED AS REGARDS THEIR PURPOSE .
2 . ALTHOUGH THE COMMISSION IS UNDER A DUTY TO PUBLISH INFORMATION LIKELY TO BE USEFUL TO UNDERTAKINGS , AND ALTHOUGH THE INFORMATION OBTAINED FROM UNDERTAKINGS BY THE COMMISSION , AFTER DUE VERIFICATION , IS ALSO SUBJECT TO THAT DUTY OF PUBLICATION , THE AUTHORS OF THE TREATY WERE AT PAINS TO ENSURE , IN ARTICLE 47 , THAT BUSINESS SECRECY IS RESPECTED , THEREBY ENSURING PROTECTION FOR THE LEGITIMATE INTERESTS OF UNDERTAKINGS AND PROVIDING A QUID PRO QUO FOR THE DUTY TO SUPPLY INFORMATION TO THE COMMISSION . AS A RESULT , IT IS NECESSARY TO BALANCE THE NEED FOR TRANSPARENCY OF THE COMMON MARKET IN STEEL PRODUCTS AGAINST THE NEED TO PROTECT THE BUSINESS SECRECY OF INDIVIDUAL UNDERTAKINGS . THE ONLY WAY OF STRIKING SUCH A BALANCE IS TO EXAMINE THE SPECIFIC SITUATION OF THE UNDERTAKINGS CONCERNED .
3 . WHILST THE COMMISSION IS NOT ENTITLED TO REFUSE TO DISCLOSE THE QUOTA ADJUSTMENTS GRANTED PURSUANT TO ARTICLES 10 AND 14C OF GENERAL DECISIONS NOS 2177/83 AND 234/84 SOLELY ON THE GROUND THAT TO DO SO WOULD CONSTITUTE PER SE A BREACH OF BUSINESS SECRECY , THAT IS NOT THE CASE AS REGARDS THE QUOTA ADJUSTMENTS GRANTED PURSUANT TO ARTICLES 14 AND 16 OF THE TWO GENERAL DECISIONS , WHICH MAY BE GRANTED ONLY IN THE EVENT OF ' EXCEPTIONAL DIFFICULTIES ' SUFFERED BY THE UNDERTAKING CONCERNED . SINCE THE COMMISSION ' S PRACTICE IS TO GRANT SUCH ADJUSTMENTS ONLY WHERE THE EXCEPTIONAL DIFFICULTIES ARE OF A FINANCIAL NATURE , PUBLICATION OF THE IDENTIFICATION OF THE