UNDER THE SECOND PARAGRAPH OF ARTICLE 36 OF THE ECSC TREATY CHALLENGING THE COMMISSION ' S DECISION OF 13 AUGUST 1982 IMPOSING A FINE ON IT UNDER ARTICLE 58 OF THE ECSC TREATY AND UNDER COMMISSION DECISION NO 1831/81/ECSC OF 24 JUNE 1981 ESTABLISHING FOR UNDERTAKINGS IN THE IRON AND STEEL INDUSTRY A MONITORING SYSTEM AND A NEW SYSTEM OF PRODUCTION QUOTAS IN RESPECT OF CERTAIN PRODUCTS ( OFFICIAL JOURNAL , 1981 , L 180 , P . 1 ).
2 THE CONTESTED DECISION STATES THAT IN BREACH OF THE AFOREMENTIOND DECISION NO 1831/81 THE APPLICANT EXCEEDED BY 1 012 TONNES THE PRODUCTION QUOTA ALLOCATED TO IT BY THE COMMISSION FOR THE THIRD QUARTER OF 1981 IN RESPECT OF PRODUCTS FALLING WITHIN CATEGORIES V AND VI . IT THEREFORE IMPOSES ON THE APPLICANT A FINE OF 75 900 ECU ( 1 012 BY 75 ), EQUIVALENT TO LIT 100 284 193 .
3 THE APPLICANT SEEKS PRIMARILY TO HAVE THE CONTESTED DECISION DECLARED VOID OR , IN THE ALTERNATIVE , TO HAVE THE FINE REDUCED . IT ALSO REQUESTS THE COURT TO DECLARE THAT A RATE OF INTEREST OF 1% FOR EACH MONTH BY WHICH PAYMENT OF THE FINE IS DELAYED IS SATISFACTORY .
4 IN SUPPORT OF ITS CLAIM THAT THE DECISION SHOULD BE DECLARED VOID THE APPLICANT ARGUES THAT THE CONTESTED DECISION FAILS TO COMPLY WITH ARTICLE 14 OF DECISION NO 2794/80/ECSC AND WITH ARTICLES 3 AND 4 OF THE ECSC TREATY , THAT THE PRINCIPLE OF EQUITY WAS INFRINGED , THAT THE PRODUCTS PRODUCED IN EXCESS OF THE QUOTAS WERE PUT INTO STORAGE AND NOT PUT ON THE MARKET UNTIL NOVEMBER 1982 , AND THAT THE CONTESTED DECISION DISREGARDED THE FACT THAT THE APPLICANT WAS ENTITLED UNDER ARTICLE 11 ( 2 ) AND ( 3 ) OF DECISION NO 1831/81 , TO CARRY FORWARD PART OF ITS QUOTAS AND TO EXCEED THE QUOTAS BY A SMALL MARGIN .
5 THE COURT CONSIDERS IT NECESSARY TO EXAMINE FIRST THE SUBMISSION THAT THE CONTESTED DECISION DISREGARDED THE APPLICANT ' S ENTITLEMENT TO CARRY FORWARD PART OF ITS QUOTAS TO THE NEXT QUARTER .
6 ARTICLE 11 ( 3 ) OF DECISION NO 1831/81 IS WORDED AS FOLLOWS :
' ' ANY UNDERTAKING WHICH HAS NOT COME TO THE END OF ITS PRODUCTION QUOTAS OR OF THE PART OF ITS QUOTAS WHICH MAY BE DELIVERED ON THE COMMON MARKET MAY CARRY FORWARD INTO THE ENSUING QUARTER UP TO 5% OF , AS THE CASE MAY BE , THEIR QUOTAS OR PART OF QUOTAS FOR THE SAME CATEGORY OF PRODUCT . ' '
7 THE APPLICANT MAINTAINS THAT BY VIRTUE OF THAT PROVISION IT WAS ENTITLED TO CARRY FORWARD TO THE THIRD QUARTER OF 1981 A PROPORTION OF THE 2 512 TONNES OF THE QUOTA WHICH IT DID NOT USE UP DURING THE SECOND QUARTER OF 1981 , PROVIDED THAT THE AMOUNT CARRIED FORWARD DID NOT EXCEED 5% OF THE QUOTA OF 12 729 TONNES ALLOCATED TO IT FOR THE THIRD