OBTAIN MORE ACCURATE INFORMATION ON TRADE PATTERNS IN THEIR OWN INTEREST RATHER THAN IN THAT OF THE COMMISSION .
6 THE APPLICANT ARGUES THAT THERE IS ALSO URGENCY INASMUCH AS THE VERY EXISTENCE OF THE MONITORING SYSTEM INTRODUCED BY THE CONTESTED DECISION HAD A DISSUASIVE EFFECT ON STEEL UNDERTAKINGS .
7 ACCORDING TO ARTICLE 39 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ACTIONS BROUGHT BEFORE THE COURT DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF IT CONSIDERS THAT CIRCUMSTANCES SO REQUIRE , ORDER THAT APPLICATION OF THE CONTESTED DECISION BE SUSPENDED . IT MAY ALSO PRESCRIBE ANY OTHER NECESSARY INTERIM MEASURES .
8 ACCORDING TO ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , THE COURT MAY SUSPEND THE OPERATION OF A MEASURE OR GRANT OTHER INTERIM MEASURES ONLY WHERE THERE ARE CIRCUMSTANCES GIVING RISE TO URGENCY AND FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
9 ACCORDING TO THE COMMISSION ' S EXPLANATIONS , THE INFORMATION WHICH IT HAD AT ITS DISPOSAL BEFORE THE ADOPTION OF THE CONTESTED DECISION FOR THE PURPOSE OF DETERMINING WHETHER THERE HAD BEEN BREACHES OF THE RULES OF THE TREATY , IN PARTICULAR BREACHES OF PRICING RULES , OF THE RULES PROHIBITING AID AND OF COMPETITION RULES , CONSISTED EITHER OF STATISTICS ON DELIVERIES MADE BY PRODUCERS WITHIN THE COMMON MARKET , COLLECTED PURSUANT TO DECISION NO 3483/82 ( OFFICIAL JOURNAL L 378 , 23 . 12 . 1982 ), OR OF CUSTOMS STATISTICS PROVIDED BY THE MEMBER STATES . THOSE STATISTICS DID NOT AGREE , INTER ALIA BECAUSE DEALERS WERE NOT REQUIRED TO PROVIDE DELIVERY STATISTICS . THE COLLECTION OF MORE RELIABLE INFORMATION ON MOVEMENTS OF STEEL PRODUCTS WAS INDISPENSABLE FOR THE SUPERVISION OF THE MARKET .
10 WITHOUT THERE BEING ANY NEED TO CONSIDER THE OBJECTIONS WHICH THE APPLICANT RAISES AGAINST THE MEASURES TAKEN AND THE QUESTION WHETHER ITS CONTENT IS JUSTIFIED , IT MUST BE HELD THAT IT IS NOT URGENT AT THIS STAGE TO ORDER ITS SUSPENSION .
11 THE DECISION IN QUESTION DOES NO MORE THAN REQUIRE THE UNDERTAKINGS CONCERNED TO PRODUCE CERTAIN DOCUMENTS WHICH MAKE IT POSSIBLE TO FOLLOW THE DEVELOPMENT OF INTRA-COMMUNITY TRADE . TAKEN BY ITSELF SUCH A MEASURE IS NOT LIKELY TO INFLUENCE THE BEHAVIOUR OF THE UNDERTAKINGS IN QUESTION IN THE AREA OF PRODUCTION AND SALES . CONSEQUENTLY , ITS CONTINUED OPERATION PENDING THE COURT ' S DECISION ON THE ACTION FOR A DECLARATION OF NULLITY IS NOT LIKELY TO CAUSE HARM TO THE APPLICANT UNDERTAKINGS SO AS TO JUSTIFY SUSPENSION OF ITS OPERATION .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
BY WAY OF INTERIM DECISION ,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED ;
2 . THE COSTS ARE RESERVED .