THE CONTRARY, EXPRESSED THE VIEW IN ITS LETTER THAT THE SAID SPECIAL SECTIONS COULD BE MANUFACTURED ENTIRELY OUTSIDE THE QUOTA SYSTEM .
16 UNDER THOSE CIRCUMSTANCES, THE COMMISSION CANNOT BE CRITICIZED FOR FAILING TO TAKE ACCOUNT OF THAT QUANTITY IN CALCULATING THE ADDITIONAL QUOTA OF 610 TONNES FOR THE FIRST QUARTER OF 1984 . FURTHERMORE, THE COMMISSION' S OFFICIALS WERE RIGHT IN INFORMING THE APPLICANT, IN A LETTER OF 22 MAY 1984, THAT SPECIAL PRODUCTS ARE ALSO SUBJECT TO THE QUOTA SYSTEM AND THAT THE ORDER IN QUESTION COULD NOT BY ITSELF JUSTIFY THE ALLOCATION OF AN ADDITIONAL QUOTA UNDER ARTICLE 14C OF DECISION NO 234/84 .
17 CONSEQUENTLY, THE APPLICANT HAS NOT SUCCEEDED IN SHOWING THAT THE COMMISSION FAILED TO TAKE ACCOUNT OF ANY QUANTITY TO WHICH IT WAS ENTITLED DURING THE FIRST QUARTER OF 1984 . THE APPLICANT' S SECOND SUBMISSION MUST THEREFORE BE REJECTED .
II - THE APPLICATION FOR REDUCTION OF THE FINE
18 THE APPLICANT COMPLAINS THAT THE COMMISSION ADOPTED THE CONTESTED DECISION AUTOMATICALLY, WITHOUT CARRYING OUT A THOROUGH STUDY OF THE SPECIAL POSITION OF THE UNDERTAKING CONCERNED . IT ASKS THAT THE FINE SHOULD BE REDUCED TO A SYMBOLIC AMOUNT IN CONSIDERATION, ON THE ONE HAND, OF THE UNCERTAIN AND DIFFICULT POSITION IN WHICH IT FOUND ITSELF BY REASON OF THE COMMISSION' S MALADMINISTRATION AND, ON THE OTHER HAND, OF THE FACT THAT WORK CARRIED OUT IN THE CONTEXT OF THE RESTRUCTURING OF THE UNDERTAKING MADE IT NECESSARY TO SHUT DOWN CERTAIN INSTALLATIONS FOR PART OF THE THIRD QUARTER OF 1983, WITH THE RESULT THAT SOME 8* 000 TONNES OF THE APPLICANT' S QUOTAS FOR 1983 WERE NOT USED .
19 IT CAN BE SEEN FROM THE FOREGOING APPRAISAL OF THE APPLICATION FOR ANNULMENT THAT THE APPLICANT' S ALLEGATION THAT THE COMMISSION WAS GUILTY OF IRREGULARITIES IN THE ALLOCATION OF QUOTAS ARE NOT JUSTIFIED . WITH REGARD TO THE FAILURE TO USE PART OF THE QUOTAS FOR THE THIRD QUARTER OF 1983, THE COMMISSION ADMITS THAT THE APPLICANT INFORMED IT OF ITS INTENTION TO CARRY THE REMAINDER OVER TO THE FOURTH QUARTER . IT ADMITS TO THE DELAY IN CORRECTING THAT ERRONEOUS INTERPRETATION OF ARTICLE 11*(3)*(D ) OF DECISION NO 2177/83, WHICH PERMITS CARRYOVER ONLY IN CASES OF FORCE MAJEURE OR SHUTDOWN FOR REPAIRS . HOWEVER, THE COMMISSION TOOK ACCOUNT OF THAT CIRCUMSTANCE BY HALVING THE FINES NOT MERELY FOR THE FOURTH QUARTER OF 1983, BY A DECISION WHICH THE APPLICANT HAS NOT CONTESTED, BUT ALSO FOR THE QUARTER AT ISSUE IN THESE PROCEEDINGS, NAMELY THE FIRST QUARTER OF 1984 .
20 SINCE THE COMMISSION HAS ALREADY TAKEN ACCOUNT OF THE APPLICANT' S SPECIAL POSITION AND SINCE THE CIRCUMSTANCES RELIED ON DO NOT JUSTIFY AN ADDITIONAL REDUCTION IN THE CONTESTED FINE, THAT FINE MUST BE MAINTAINED .
21 FOR THOSE REASONS, THE APPLICATION MUST BE DISMISSED IN ITS ENTIRETY .
Decision on costs
COSTS
22 UNDER ARTICLE 69*(2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE