THE COMMISSION ALSO CONTENDS THAT THE FAILURE TO ADOPT AN EXPRESS DECISION IN REPLY TO THE APPLICANT ' S LETTER OF 27 APRIL 1984 MUST BE REGARDED AS AN IMPLIED REJECTION PROVIDING A BASIS FOR AN ACTION FOR FAILURE TO ACT UNDER ARTICLE 35 OF THE ECSC TREATY . IT CLAIMS THAT THE APPLICANT TOOK NO ACTION WITHIN THE PERIOD PRESCRIBED BY THAT PROVISION .
15 WITH REGARD TO THE SECOND OBJECTION OF INADMISSIBILITY , IT MUST BE BORNE IN MIND THAT , IF A REQUEST IS TO SET IN MOTION THE PROCEDURE FOR AN ACTION FOR FAILURE TO ACT UNDER ARTICLE 35 OF THE ECSC TREATY , IT MUST BE SUFFICIENTLY CLEAR AND PRECISE TO ENABLE THE COMMISSION TO ASCERTAIN IN SPECIFIC TERMS THE CONTENT OF THE DECISION WHICH IT IS BEING ASKED TO ADOPT ( SEE THE JUDGMENTS OF 6 APRIL 1962 IN JOINED CASES 21 TO 26/61 MERONI ( 1962 ) ECR 73 AND OF 8 JULY 1970 IN CASE 75/69 HAKE ( 1970 ) ECR 535 ). MOREOVER , IT MUST BE CLEAR FROM THE REQUEST THAT ITS PURPOSE IS TO COMPEL THE COMMISSION TO STATE ITS POSITION .
16 IN THIS CASE , IT SHOULD BE NOTED THAT , ALTHOUGH THE LETTER OF 27 APRIL 1984 REVEALS SUFFICIENTLY CLEARLY THAT THE PURPOSE OF THE APPLICANT ' S REQUEST WAS TO SECURE THE GRANT OF AN ADDITIONAL REFERENCE PRODUCTION TOTALLING 155 000 TONNES PER ANNUM AS FROM THE SECOND QUARTER OF 1984 , IT DOES NOT CLEARLY INDICATE THAT THE COMMISSION WAS BEING CALLED UPON TO ADOPT A FORMAL DECISION IN RESPONSE TO THAT REQUEST . ON THE CONTRARY , BY EXPRESSING ITS READINESS , AT THE END OF THE LETTER , TO PROVIDE ANY DETAILS WHICH THE COMMISSION MIGHT REQUIRE , THE APPLICANT ITSELF CONTEMPLATED THE POSSIBILITY OF FURTHER DISCUSSIONS AND THUS ACKNOWLEDGED THAT THE LETTER COULD NOT MARK THE COMMENCEMENT OF A MANDATORY PERIOD FOR THE ADOPTION OF A DECISON .
17 THE TWO OBJECTIONS OF INADMISSIBILITY RAISED BY THE COMMISSION MUST THEREFORE BE REJECTED .
18 HOWEVER , IT IS FOR THE COURT TO CONSIDER OF ITS OWN MOTION WHETHER THE CONTESTED DECISION OF 20 FEBRUARY 1985 IS IN FACT THE DECISION IN WHICH THE COMMISSION REPLIED FOR THE FIRST TIME - IF ONLY BY IMPLICATION - TO THE APPLICANT ' S REQUEST .
19 IN THAT REGARD , IT IS NECESSARY FIRST OF ALL TO DETERMINE THE PURPOSE OF THE APPLICANT ' S REQUEST .
20 IN SEEKING AN INCREASE IN ITS ANNUAL REFERENCE PRODUCTION AS FROM THE SECOND QUARTER OF 1984 , THE APPLICANT WAS ENDEAVOURING TO OBTAIN ADDITIONAL PRODUCTION QUOTAS IN RESPECT OF CATEGORIES IC AND ID AS FROM THAT QUARTER .
21 CONSEQUENTLY , THE DECISION WHICH MUST BE REGARDED AS AN IMPLIED REJECTION OF THAT REQUEST AND WHICH IS THEREFORE CAPABLE OF ADVERSELY AFFECTING THE APPLICANT CAN ONLY BE THE FIRST DECISION ADOPTED AFTER THE SUBMISSION OF THE REQUEST , IN WHICH THE PRODUCTION QUOTAS FOR THE THIRD