CAMPUS OIL SEEMS TO BE TOTALLY IRRELEVANT IN THE PRESENT CASE SINCE THE MARKETS IN STEEL AND PETROLEUM PRODUCTS SEEM DIFFICULT TO COMPARE IN VIEW OF THE WIDE DIFFERENCES BETWEEN THEM . THE MARKET IN STEEL PRODUCTS IS A MARKET IN WHICH THERE IS SURPLUS PRODUCTION CAPACITY AND IN WHICH THE COMMUNITY HAS AT ITS DISPOSAL MEANS OF ACTION , SUCH AS THOSE PROVIDED FOR IN ARTICLE 59 OF THE ECSC TREATY , IF THERE IS A SERIOUS SHORTAGE OF STEEL PRODUCTS , WHEREAS THOSE TWO CHARACTERISTICS ARE NOT TO BE FOUND IN THE MARKET IN PETROLEUM PRODUCTS .
25 IN THE LIGHT OF THE CONSIDERATIONS SET OUT ABOVE , IT MAY BE ACCEPTED THAT THE APPLICANT HAS SUCCEEDED IN PUTTING FORWARD PERTINENT ARGUMENTS WHICH IT WILL BE NECESSARY TO EXAMINE IN GREATER DETAIL IN THE PROCEEDINGS RELATING TO THE MAIN APPLICATION . THE GROUNDS RELIED UPON BY THE APPLICANT MAY THEREFORE BE REGARDED AS ESTABLISHING A PRIMA FACIE CASE FOR GRANTING THE INTERIM MEASURE APPLIED FOR .
26 WHILE THE APPLICANT IN THE PRESENT CASE MAY BE CONSIDERED TO HAVE PUT FORWARD FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURE APPLIED FOR , THE COURT MUST ALSO ASSESS THE CIRCUMSTANCES GIVING RISE TO URGENCY .
27 THE COURT HAS CONSISTENTLY HELD THAT THE URGENCY OF AN APPLICATION FOR INTERIM MEASURES , AS STIPULATED IN ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , MUST BE CONSIDERED IN RELATION TO THE NEED TO GIVE AN INTERIM DECISION IN ORDER TO PREVENT SERIOUS AND IRREPARABLE DAMAGE FROM BEING CAUSED TO THE PARTY REQUESTING THE INTERIM MEASURES .
28 IN THAT REGARD THE APPLICANT CLAIMS THAT THE GRANTING TO DDS OF ADDITIONAL QUOTAS OF 25 000 TONNES PER QUARTER PURSUANT TO ARTICLES 14 D AND 14 C WOULD CAUSE IT SERIOUS DAMAGE IN SO FAR AS IT REPRESENTS ABOUT 38% OF ITS TOTAL QUOTAS WHICH MAY BE DELIVERED WITHIN THE COMMUNITY ; IT ADDS THAT THREE FIFTHS OF THOSE QUOTAS RELATE TO CATEGORY II SHEET , WHILST THE GREATER PART OF ITS PRODUCTION IS IN THE SAME CATEGORY .
29 IT FURTHER STRESSES THAT , IN ORDER TO MAKE A FULL ASSESSMENT OF THE SERIOUSNESS OF THE DAMAGE WHICH IT WILL SUFFER , ACCOUNT SHOULD BE TAKEN OF THE FACT THAT IT IS AN UNDERTAKING EXPERIENCING EXCEPTIONAL DIFFICULTIES WITHIN THE MEANING OF ARTICLE 14 OF DECISION NO 3485/85 AND ANY REDISTRIBUTION IN ITS FAVOUR OF PART OF THE QUOTAS WHICH ARE AT PRESENT GRANTED TO DDS WOULD ENABLE IT TO REDUCE ITS FIXED COSTS AND THUS TO IMPROVE ITS FINANCIAL POSITION , WHICH IS , MOREOVER , JEOPARDIZED BY THE FALL IN PRICES RESULTING FROM THE FACT THAT A QUANTITY ( NAMELY THE ADDITIONAL QUOTAS GRANTED TO DDS ) NOT MET BY A CORRESPONDING INCREASE IN DEMAND IS PLACED ON A MARKET WHICH HAS SURPLUS CAPACITY .
30 IT FURTHER CLAIMS THAT THE GRANT OF THIS ADDITIONAL TONNAGE ALSO CAUSES DAMAGE TO ALL THE OTHER