IN RESPECT OF PRODUCTION QUOTAS IN THE THIRD QUARTER OF 1983 , THE LATEST QUARTER FOR WHICH SUCH FIGURES WERE AVAILABLE . WITH RESPECT TO UNDERTAKINGS NOT BELONGING TO THE EUROFER CONFEDERATION , THE COMMISSION MERELY PROVIDED A TABLE GIVING THOSE DATA IN AGGREGATE FORM FOR ALL THOSE UNDERTAKINGS TOGETHER ; HOWEVER , IT STATED THAT IT WAS PREPARED TO DISCLOSE INDIVIDUAL FIGURES FOR THOSE UNDERTAKINGS , PROVIDED THAT IT COULD OBTAIN THEIR AUTHORIZATION , WHICH WAS REQUIRED BY VIRTUE OF THE SECOND AND FOURTH PARAGRAPHS OF ARTICLE 47 OF THE ECSC TREATY IN ORDER TO COMPLY WITH THE OBLIGATION OF BUSINESS SECRECY . ACCORDING TO THE COMMISSION , THE REASON FOR DRAWING A DISTINCTION BETWEEN THE TWO CLASSES OF UNDERTAKING WAS THAT EUROFER WAS AN ASSOCIATION OF LARGE STEEL UNDERTAKINGS AMONG WHICH A MEASURE OF TRANSPARENCY ALREADY EXISTED , WHEREAS THE SMALL NON-EUROFER UNDERTAKINGS WERE IN A MORE VULNERABLE POSITION .
5 IT IS AGAINST THAT REPLY THAT THE APPLICANT HAS BROUGHT THE ACTION NOW BEFORE THE COURT . IT VIEWS THE REPLY AS A REFUSAL TO COMPLY WITH ITS REQUEST , IN SO FAR AS THE COMMISSION DID NOT AGREE TO DISCLOSE :
( A ) IN RESPECT OF THE NON-EUROFER UNDERTAKINGS , FIGURES FOR EACH UNDERTAKING INDIVIDUALLY ,
( B)IN RESPECT OF ALL STEEL UNDERTAKINGS , DATA RELATING TO QUOTA ADJUSTMENTS BROKEN DOWN ACCORDING TO THE VARIOUS APPLICABLE PROVISIONS , IN PARTICULAR ARTICLES 7 ( 3 ), 8 ( 2 ) AND ( 3 ), 10 ( 2 ), 11 ( 5 ), 13 ( SECOND INDENT ), 14 , 14A , 14B , 14C , 14D , 14E , 15 , 15A , 16 AND 17 OF COMMISSION DECISION NO 2177/83/ECSC OF 28 JULY 1983 EXTENDING THE QUOTA SYSTEM UNTIL 31 JANUARY 1984 ( OFFICIAL JOURNAL 1983 , L 208 , P . 1 ).
6 IN ITS DEFENCE , THE COMMISSION STATED THAT IT WAS PREPARED TO DISCLOSE , WITH A VIEW TO SECURING THE FULLEST POSSIBLE TRANSPARENCY OF THE QUOTA SYSTEM , THE REFERENCE PRODUCTION FIGURES AND REFERENCE QUANTITIES FOR ALL STEEL UNDERTAKINGS , INCLUDING THOSE NOT BELONGING TO EUROFER . IN ITS REJOINDER , THE COMMISSION STATED THAT IT HAD FULFILLED THAT UNDERTAKING BY SUPPLYING THE INFORMATION IN QUESTION TO EUROFER .
7 AT THE HEARING THE APPLICANT STATED THAT , AS A RESULT , THE REFUSAL IN QUESTION WAS LIMITED TO DISCLOSURE OF THE INFORMATION CONCERNING QUOTA ADJUSTMENTS . SINCE , IN THE MEANTIME , DECISION NO 2177/83 HAS BEEN REPLACED BY COMMISSION DECISION NO 234/84 OF 31 JANUARY 1984 EXTENDING THE QUOTA SYSTEM UNTIL 31 DECEMBER 1985 ( OFFICIAL JOURNAL 1984 , L 29 , P . 1 ), THE APPLICANT HAS AMENDED ITS CLAIMS SO AS TO COVER DISCLOSURE OF THE ADJUSTMENTS MADE AS A RESULT OF THE LATTER DECISION .
8 THE SUBJECT-MATTER OF THE DISPUTE HAS NARROWED FURTHER AS A RESULT OF THE STATEMENT MADE BY THE COMMISSION IN ITS REJOINDER TO THE EFFECT THAT IT WAS PREPARED