EFFECT SINCE THE UNDERTAKINGS WERE ABLE TO ADJUST THEIR PRODUCTION IN NOVEMBER AND DECEMBER TO TAKE ACCOUNT OF THEIR QUOTAS FOR THE QUARTER AND THEREBY AVOID ANY INFRINGEMENT .
11 MOREOVER , ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .
12 THOSE TWO CONDITIONS ARE FULFILLED IN THE CIRCUMSTANCES OF THIS CASE . IT WAS NECESSARY TO INCLUDE THE MONTH OF OCTOBER IN THE SYSTEM IN ORDER TO PREVENT UNDERTAKINGS FROM INCREASING THEIR PRODUCTION IN OCTOBER IN ANTICIPATION OF THE REDUCTIONS SUBSEQUENTLY TO BE APPLIED . FURTHERMORE , THE COMMISSION RESPECTED THE LEGITIMATE EXPECTATIONS OF THE PERSONS CONCERNED BY MEANS OF THE COMMUNICATION OF 11 OCTOBER 1980 ( OFFICIAL JOURNAL C 264 , P . 2 ), WHEREBY IT GAVE NOTICE OF ITS INTENTION TO INCLUDE THE MONTH OF OCTOBER IN THE SYSTEM OF QUOTAS , AND BY MEANS OF THE DECISION PUBLISHED ON THE SAME DATE ( OFFICIAL JOURNAL L 268 , P . 25 ) REQUIRING THE UNDERTAKINGS TO SUPPLY INFORMATION ON THEIR PRODUCTION FOR OCTOBER 1980 . ALTHOUGH IN ITS COMMUNICATION OF 11 OCTOBER 1980 THE COMMISSION DID NOT IN FACT INDICATE WHAT THE LEVEL OF THE QUOTAS WOULD BE , WHICH MIGHT HAVE PREVENTED THE UNDERTAKINGS FROM ESTABLISHING THE PRECISE CONSEQUENCES OF THE COMMISSION ' S RECOMMENDATION AND ENSURING THAT THEIR PRODUCTION WAS NOT EXCESSIVE IN RELATION TO THE QUOTAS WHICH WERE TO BE ALLOCATED FOR THE QUARTER AS A WHOLE , IT NEVERTHELESS REMAINS THAT THE UNDERTAKINGS RECEIVED NOTICE OF THE COMMISSION ' S INTENTIONS .
THE FOURTH SUBMISSION
13 ACCORDING TO THE APPLICANT , THE COMMISSION FAILED TO SATISFY THE REQUIREMENT OF CONSULTING THE UNDERTAKINGS CONCERNED LAID DOWN BY ARTICLE 58 OF THE ECSC TREATY WHICH PROVIDES THAT THE COMMISSION MUST DETERMINE THE QUOTAS ON THE BASIS OF STUDIES MADE JOINTLY WITH UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS . THE COMMISSION IMPOSED ITS OWN PROPOSALS AND THE ASSOCIATION OF ITALIAN STEEL PRODUCERS HAD NEITHER THE TIME NOR THE MEANS TO PUT FORWARD COUNTERPROPOSALS REGARDING THE METHOD OF CALCULATING THE QUOTAS AND THE RATE AT WHICH PRODUCTION WAS TO BE REDUCED .
14 THE COMMISSION ' S OBLIGATION TO CARRY OUT STUDIES JOINTLY WITH UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS MUST RECEIVE A WIDER INTERPRETATION THAN THAT PLACED UPON IT BY THE APPLICANT . IN FACT THE COMMISSION OBTAINS INFORMATION ON THE GENERAL SITUATION IN THE STEEL INDUSTRY AND ITS VARIOUS SECTORS BY CONDUCTING CONTINUOUS STUDIES . IN THIS CONNECTION IT SHOULD BE RECALLED THAT , ACCORDING TO ARTICLE 46 OF THE ECSC TREATY , UNDERTAKINGS AND THEIR ASSOCIATIONS ARE ENTITLED TO PRESENT ANY SUGGESTIONS OR COMMENTS TO THE HIGH AUTHORITY ON QUESTIONS AFFECTING THEM . FURTHERMORE , THE APPLICANT , LIKE ANY OTHER STEEL PRODUCER , IS BOUND REGULARLY TO FURNISH THE COMMISSION WITH ITS