DATE ( OFFICIAL JOURNAL L 268 , P . 25 ) REQUIRING THE UNDERTAKINGS TO SUPPLY INFORMATION ON THEIR PRODUCTION FOR OCTOBER 1980 . ALTHOUGH IN ITS COMMUNICATION OF 11 OCTOBER 1980 THE COMMISSION DID NOT IN FACT INDICATE WHAT THE LEVEL OF THE QUOTAS WOULD BE , WHICH MIGHT HAVE PREVENTED THE UNDERTAKINGS FROM ESTABLISHING THE PRECISE CONSEQUENCES OF THE COMMISSION ' S RECOMMENDATION AND ENSURING THAT THEIR PRODUCTION WAS NOT EXCESSIVE IN RELATION TO THE QUOTAS WHICH WERE TO BE ALLOCATED FOR THE QUARTER AS A WHOLE , IT NEVERTHELESS REMAINS THAT THE UNDERTAKINGS RECEIVED NOTICE OF THE COMMISSION ' S INTENTIONS .
21 THIRDLY , THE APPLICANT COMPLAINS THAT THE COMMISSION FAILED TO TAKE ACCOUNT OF THE PRINCIPLES SET OUT IN ARTICLES 2 , 3 AND 4 OF THE ECSC TREATY . THAT SUBMISSION HAS NOT BEEN ARGUED WITH SUFFICIENT SPECIFICATION TO ENABLE THE COURT TO GIVE A RULING ON IT . FURTHERMORE IT SHOULD BE RECALLED THAT THE COURT HAS ALREADY STATED THAT IT IS NOT CERTAIN THAT ALL THE OBJECTIVES OF THE TREATY CAN BE SIMULTANEOUSLY PURSUED IN THEIR ENTIRETY AND IN ALL CIRCUMSTANCES ; IT IS THE TASK OF THE COMMISSION TO EFFECT A PERMANENT COMPROMISE BETWEEN THOSE DIFFERENT OBJECTIVES .
BREACH OF THE PRINCIPLE OF PROPORTIONALITY
22 THE APPLICANT COMPLAINS THAT THE COMMISSION FAILED TO TAKE THE MEASURES AGAINST IMPORTS PROVIDED FOR BY ARTICLE 74 OF THE ECSC TREATY IF SUCH IMPORTS CAUSE OR THREATEN TO CAUSE SERIOUS INJURY TO PRODUCTION WITHIN THE COMMON MARKET OF LIKE OR DIRECTLY COMPETING PRODUCTS .
23 UNDER THE TERMS OF ARTICLE 58 THE COMMISSION HAS POWER TO TAKE ' ' TO THE NECESSARY EXTENT ' ' THE MEASURES PROVIDED FOR IN ARTICLE 74 AT THE SAME TIME AS ANY MEASURE TAKEN ON THE BASIS OF ARTICLE 58 . THE APPRAISAL OF THE NECESSITY OF TAKING SUCH MEASURES IS A MATTER FOR THE COMMISSION , SUBJECT TO THE COURT ' S POWER TO REVIEW THE LAWFULNESS OF THE COMMISSION ' S EXERCISE OF ITS DISCRETION .
24 IN THIS CONNECTION IT MUST BE EMPHASIZED THAT THE APPLICANT HAS NOT ADDUCED ANY EVIDENCE IN SUPPORT OF ITS SUBMISSION THAT THE COMMISSION MISUSED ITS DISCRETION . ON THE CONTRARY , EVEN BEFORE THE INTRODUCTION OF THE QUOTA SYSTEM , THE COMMISSION TOOK STEPS TO CONTROL THE LEVEL OF PRICES AND THE QUANTITY OF IMPORTS OF STEEL PRODUCTS FROM NON-MEMBER COUNTRIES . IN PARTICULAR IT FIXED BASIC PRICES , CONCLUDED ARRANGEMENTS WITH NON-MEMBER COUNTRIES AND TOOK SUPERVISORY ACTION . AT THE TIME OF THE ADOPTION OF DECISION NO 2794/80/ECSC IT FURTHER INTENSIFIED THAT SUPERVISION AND REVIEWED THE BASIC PRICES . MOREOVER , ACCORDING TO THE FIGURES SUPPLIED BY THE COMMISSION , THE LEVEL OF IMPORTS FELL BETWEEN 1977 AND 1979 AND THAT TENDENCY CONTINUED BEFORE AND AFTER THE INTRODUCTION OF THE QUOTA SYSTEM . THEREFORE THE COMMISSION CANNOT BE ACCUSED OF NOT HAVING TRIED TO COMBAT IMPORTS FROM NON-MEMBER COUNTRIES .
25 IT IS IMPORTANT TO POINT OUT ALSO THAT