ACTION ONLY IF IT CONSIDERS THAT A COMPLAINT SUBMITTED BY A MEMBER STATE ON THE BASIS OF PARAGRAPH 1 OF THAT PROVISION IS JUSTIFIED .
14 IT IS CLEAR FROM THE ACTUAL WORDING OF ARTICLE 15B*(3 ) THAT, IN EXAMINING WHETHER A COMPLAINT SUBMITTED BY A MEMBER STATE IS JUSTIFIED, THE COMMISSION MUST NOT MERELY EVALUATE THE STATISTICS SENT TO IT BUT MUST ALSO TAKE ACCOUNT "OF ALL THE CIRCUMSTANCES PERTAINING TO THE CASE IN QUESTION ". IT THEREFORE HAS A DISCRETION IN DETERMINING WHETHER A MEMBER STATE' S COMPLAINT MUST BE CONSIDERED JUSTIFIED .
15 HOWEVER, IT IS CLEAR FROM THE WORDING OF ARTICLE 15B*(4 ) THAT WHERE, ON COMPLETION OF ITS INVESTIGATION, THE COMMISSION CONSIDERS THAT THE COMPLAINT IS JUSTIFIED, IT MUST THEN REQUEST THE UNDERTAKINGS IN QUESTION TO GIVE THE COMMITMENT SPECIFIED IN THAT PROVISION . IT SHOULD BE NOTED THAT, CONVERSELY, ARTICLE 15B*(5 ) GIVES THE COMMISSION A WIDE DISCRETION IN DECIDING WHETHER TO REDUCE THE QUOTAS OF AN UNDERTAKING WHICH HAS EITHER REFUSED TO GIVE OR HAS NOT HONOURED SUCH A COMMITMENT .
16 IN THE PRESENT CASE, IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THE COMMISSION ACKNOWLEDGED THAT THE STATISTICS PRODUCED BY THE ITALIAN AUTHORITIES WERE CORRECT AND THAT TRADITIONAL DELIVERIES HAD BEEN ALTERED TO A SIGNIFICANT EXTENT WITHIN THE MEANING OF ARTICLE 15B*(1 ); THAT IT ESTABLISHED THAT THOSE ALTERATIONS, WHICH WERE TO THE DETRIMENT OF ITALIAN PRODUCERS, HAD NOT BEEN OFFSET BY OTHER ALTERATIONS IN THEIR FAVOUR; THAT IT ATTEMPTED TO TRACE THE ORIGIN OF THAT SITUATION AND ASCRIBED IT NOT TO NORMAL MARKET FLUCTUATIONS BUT TO THE INFRINGEMENT BY CERTAIN PRODUCERS OF THE COMMUNITY RULES ON THE PRICES OF IRON AND STEEL PRODUCTS; AND, FINALLY, THAT IN OCTOBER 1984, IT CONSULTED THE MEMBER STATES CONCERNED AS ARTICLE 15B(4 ) REQUIRES IT TO DO WHEN "IT CONSIDERS THAT THE COMPLAINT IS JUSTIFIED ".
17 IN THOSE CIRCUMSTANCES, IT MUST BE FOUND THAT THE ITALIAN GOVERNMENT' S COMPLAINT WAS CONSIDERED JUSTIFIED BY THE COMMISSION AS FROM THE FOURTH QUARTER OF 1984 AND THAT, ACCORDINGLY, THE COMMISSION WAS REQUIRED BY ARTICLE 15B*(4 ) TO REQUEST THE UNDERTAKINGS CONCERNED TO GIVE A COMMITMENT IN WRITING THAT THEY WOULD CORRECT THE IMBALANCE IN THEIR TRADITIONAL DELIVERIES .
18 IN ORDER TO JUSTIFY ITS INACTION, THE COMMISSION MAINTAINS THAT IT WAS NOT REQUIRED TO ACT WITHIN A SPECIFIC PERIOD AND THAT IT CONSIDERED IT NECESSARY, BEFORE APPLYING ARTICLE 15B*(4 ), TO AWAIT THE OUTCOME OF THE PROCEDURES WHICH IT HAD INITIATED AGAINST CERTAIN PRODUCERS FOR INFRINGING THE RULES ON THE PRICES OF IRON AND STEEL PRODUCTS . THE INVESTIGATION OF THOSE INFRINGEMENTS WAS STILL IN PROGRESS IN DECEMBER 1986 .
19 THAT ARGUMENT CANNOT BE ACCEPTED . THE MEASURE PROVIDED FOR IN ARTICLE 15B*(4 ) IS NOT IN THE NATURE OF A PENALTY AND, CONSEQUENTLY, IS NOT CONDITIONAL ON A FINDING THAT THE UNDERTAKINGS IN QUESTION HAVE COMMITTED AN INFRINGEMENT . FURTHERMORE, IT IS CLEAR FROM THE WORDING OF ARTICLE 15B THAT THE PROCEDURE