DIFFICULTY . IN THIS CASE , THE INCREASE IN THE DELIVERY QUOTA GRANTED ON 3 DECEMBER 1982 PURSUANT TO THAT PROVISION WAS INSUFFICIENT AND , IN ADDITION , NON-RETROACTIVE , AND HENCE DID NOT ENABLE SIDERADRIA TO OVERCOME ITS DIFFICULTIES . ACCORDINGLY , THE MEASURE WAS NOT APPROPRIATE WITHIN THE MEANING OF ARTICLE 8 ( 2 ) OF DECISION NO 1696/82 . MOREOVER , THE COMMISSION DID NOT APPLY ARTICLE 14 OF DECISION NO 1696/82 , UNDER WHICH THE COMMISSION IS TO MAKE SUITABLE ADJUSTMENTS TO REFERENCE QUANTITIES IN THE EVENT THAT THE QUOTA SYSTEM CREATES EXCEPTIONAL DIFFICULTIES FOR AN UNDERTAKING .
9 THIRDLY , SIDERADRIA CLAIMS THAT THE COMMISSION CALCULATED ITS DELIVERY QUOTAS ON THE BASIS OF ERRONEOUS DATA , IN SO FAR AS SOME OF THE SALES WHICH WERE DECLARED TO BE SALES TO NON-MEMBER COUNTRIES WERE IN REALITY DELIVERIES TO ITALIAN UNDERTAKINGS AS IS SHOWN BY THE FACT THAT VALUE-ADDED TAX WAS PAID ON THOSE SALES .
10 AS REGARDS THOSE THREE SUBMISSIONS IT SHOULD BE OBSERVED THAT SIDERADRIA FAILED TO CONTEST WITHIN THE PRESCRIBED PERIODS THE DECISIONS FIXING ITS DELIVERY QUOTAS AND THE DECISIONS ON ITS REQUESTS FOR ARTICLE 8 ( 2 ) AND ARTICLE 14 OF DECISION NO 1696/82 TO BE APPLIED . AS POINTED OUT ABOVE , THE COURT HAS CONSISTENTLY HELD THAT AN APPLICANT CANNOT , IN PROCEEDINGS FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID , RAISE AN OBJECTION OF ILLEGALITY AGAINST OTHER INDIVIDUAL DECISIONS ADDRESSED TO IT WHICH HAVE BECOME DEFINITIVE . THOSE THREE SUBMISSIONS MUST THEREFORE BE DISMISSED .
11 SIDERADRIA BASES ITS CLAIM FOR THE ABOLITION OR , IN THE ALTERNATIVE , THE REDUCTION OF THE FINE ON THE ARGUMENT THAT IT WAS UNFAIR TO GRANT IT ADDITIONAL PRODUCTION QUOTAS FOR THE FOUR PRECEDING QUARTERS AND FOR THE CURRENT QUARTER WITHOUT GIVING IT THE ACTUAL POSSIBILITY OF USING THOSE QUOTAS . IT STRESSES THAT THE UNDERTAKING WAS CLOSED DURING AUGUST 1982 FOR ANNUAL HOLIDAYS AND THAT IT THEREFORE HAD ONLY SEPTEMBER 1982 IN WHICH TO USE THE ADDITIONAL QUOTAS GRANTED . IN THOSE CIRCUMSTANCES , IT WAS ENTITLED TO EXPECT THAT THE COMMISSION WOULD NOT PENALIZE IT FOR EXCEEDING ITS PRODUCTION QUOTA FOR THE FOURTH QUARTER OF 1982 . AS FOR ITS INFRINGEMENT OF ITS DELIVERY QUOTAS , SIDERADRIA CONSIDERS THAT , IN ORDER TO BE ' APPROPRIATE ' WITHIN THE MEANING OF ARTICLE 8 ( 2 ) OF DECISION NO 1696/82 , THE DECISION OF 3 DECEMBER 1982 ADJUSTING ITS DELIVERY QUOTA SHOULD HAVE INCREASED IT MORE SUBSTANTIALLY AND , ABOVE ALL , WITH RETROACTIVE EFFECT , IN WHICH CASE THERE WOULD HAVE BEEN NO INFRINGEMENT .
12 AS REGARDS SIDERADRIA ' S HAVING EXCEEDED THE PRODUCTION QUOTA , IT MUST BE BORNE IN MIND THAT THE DECISION OF 19 AUGUST 1982 WAS TAKEN AT A TIME WHEN THE UNDER TAKING WAS CLOSED FOR THE WHOLE OF AUGUST FOR ANNUAL HOLIDAYS AND THAT IT THEREFORE HAD ONLY ONE MONTH IN WHICH TO USE ITS ADDITIONAL QUOTAS .