INTENDED FOR A NON-MEMBER COUNTRY, IT MUST FIRST BE OBSERVED THAT THE GENERAL DECISION DOES NOT DEAL WITH THE POINT WHETHER STOCKS IN EXISTENCE AT THE TIME THAT THE GENERAL DECISION ENTERED INTO EFFECT ARE OR ARE NOT TO BE ADDED TO THE CALCULATION OF THAT PART OF THE PRODUCTION QUOTAS WHICH MAY BE DELIVERED ON THE COMMON MARKET . AS IT EXPLAINED DURING THE ORAL PROCEDURE, HOWEVER, THE COMMISSION' S GENERAL PRACTICE IS TO APPLY A CONCESSION WHEN THE QUOTA SYSTEM IS IMPLEMENTED TO PERMIT AN UNDERTAKING TO DELIVER, OVER AND ABOVE ITS DELIVERY QUOTA, THE QUANTITIES HELD IN STOCK AT THE TIME WHEN THE SYSTEM ENTERS INTO FORCE EITHER TO NON-MEMBER COUNTRIES OR ON THE COMMON MARKET .
15 IT FOLLOWS THAT IN ORDER TO AVOID ANY INEQUALITY OF TREATMENT, THE COMMISSION IS REQUIRED TO APPLY THAT GENERAL PRACTICE IN EACH INDIVIDUAL CASE UNLESS DIFFERENT TREATMENT IS JUSTIFIED ON OBJECTIVE GROUNDS .
16 IT ALSO FOLLOWS THAT VALSABBIA WAS ENTITLED TO DELIVER ON THE COMMON MARKET THE QUANTITIES HELD IN STOCK AT THE TIME WHEN THE GENERAL DECISION ENTERED INTO FORCE IN ADDITION TO THAT PART OF THE PRODUCTION QUOTAS WHICH COULD BE DELIVERED ON THE COMMON MARKET AND THAT IT WAS NOT PREVENTED FROM DRAWING THE QUANTITIES DELIVERED TO PHILIPP BROTHERS DURING THE SECOND HALF OF 1981 FROM ITS PRODUCTION DURING THOSE SIX MONTHS .
17 THE CONTESTED DECISION MUST THEREFORE BE DECLARED VOID WITHOUT THERE BEING ANY NEED TO CONSIDER VALSABBIA' S OTHER SUBMISSIONS .
Decision on costs
COSTS
18 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE COMMISSION HAS FAILED IN ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
On those grounds,
THE COURT ( Second Chamber )
hereby :
( 1 ) Declares void the Commission decision of 27 September 1984 concerning a fine imposed on Ferriera Valsabbia SpA under Article 58 of the ECSC Treaty;
( 2 ) Orders the Commission to pay the costs .