, IN THE PRESENT CASE , WHICH ALSO CONCERNS THE INFRINGEMENT OF PRODUCTION QUOTAS , BUT FOR THE SECOND QUARTER OF 1981 , KLOCKNER HAS PUT FORWARD MORE PRECISE AND DETAILED ARGUMENTS TO JUSTIFY A PLEA OF NECESSITY , THE COURT CANNOT BUT COME TO THE SAME CONCLUSION AS IN THE PREVIOUS CASE .
17 IT IS IN FACT IMPOSSIBLE TO ENTERTAIN THE CONCEPT OF NECESSITY IN RELATION TO THE QUOTA SYSTEM PROVIDED FOR BY ARTICLE 58 OF THE ECSC TREATY , WHICH IS BASED ON SOLIDARITY BETWEEN ALL COMMUNITY STEEL UNDERTAKINGS IN THE FACE OF THE CRISIS AND SEEKS AN EQUITABLE DISTRIBUTION OF THE SACRIFICES ARISING FROM UNAVOIDABLE ECONOMIC CIRCUMSTANCES .
18 IN THAT RESPECT IT MUST BE EMPHASIZED THAT ARTICLE 58 OF THE ECSC TREATY PROVIDES FOR THE ADOPTION OF A SYSTEM OF PRODUCTION QUOTAS ONLY IF THERE IS FOUND TO BE A MANIFEST CRISIS WHICH IS SO SERIOUS THAT IT CANNOT BE DEALT WITH BY THE MEANS PROVIDED FOR IN ARTICLE 57 . IN OTHER WORDS , A QUOTA SYSTEM MAY BE ADOPTED ONLY IF A WHOLE ECONOMIC SECTOR IS AFFECTED BY A CRISIS SO SERIOUS AS TO JEOPARDIZE THE EXISTENCE OF ALL THE UNDERTAKINGS IN THE COMMUNITY . IN THE PRESENT CASE IT IS COMMON GROUND THAT A VERY SERIOUS CRISIS , DUE TO THE SUDDEN SLUMP IN DEMAND AND THE COLLAPSE OF PRICES , AFFECTED ALL STEEL UNDERTAKINGS IN THE COMMUNITY .
19 THE QUOTA SYSTEM SEEKS TO COUNTER THAT SITUATION BY A GENERAL REDUCTION IN SUPPLY WHICH IS INTENDED TO BRING SUPPLY AND DEMAND BACK INTO BALANCE AND TO CHECK THE FALL IN PRICES . THAT REDUCTION INVOLVES HEAVY SACRIFICES WHICH MUST BE DISTRIBUTED EQUITABLY BETWEEN ALL STEEL UNDERTAKINGS ; THOSE UNDERTAKINGS MUST STRIVE TOGETHER IN A DISPLAY OF COMMUNITY SOLIDARITY SO AS TO ENABLE THE INDUSTRY AS A WHOLE TO OVERCOME THE CRISIS AND TO SURVIVE . THAT BEING THE AIM OF THE SYSTEM IN QUESTION , NO NECESSITY CONSISTING IN THE CONTINUED EXISTENCE AND PROFITABILITY OF A PARTICULAR UNDERTAKING CAN BE INVOKED AGAINST THE APPLICATION OF THE SYSTEM .
20 IN ADDITION IT MUST BE EMPHASIZED THAT IF EVERY UNDERTAKING COULD , BY PLEADING NECESSITY ON ACCOUNT OF SERIOUS FINANCIAL DIFFICULTIES , EXEMPT ITSELF FROM THE RESTRICTIONS AND EXCEED AT WILL THE PRODUCTION QUOTAS ALLOCATED TO IT THE QUOTA SYSTEM WOULD BE DESTROYED . IF THE QUOTAS OF UNDERTAKINGS PLEADING NECESSITY WERE INCREASED - OR SIMPLY EXCEEDED BY THE UNDERTAKINGS WITHOUT ANY PENALTY , ON GROUNDS OF NECESSITY - IT WOULD NECESSARILY ENTAIL A REDUCTION IN THE QUOTAS OF OTHER UNDERTAKINGS , SO THAT SOME OF THEM WOULD IN TURN FIND THEMSELVES IN A STATE OF NECESSITY AND WOULD BE ENTITLED TO CLAIM INCREASED QUOTAS OR TO EXCEED THEIR QUOTAS WITHOUT ANY PENALTY . A CHAIN REACTION WOULD SET IN WHICH WOULD LEAD TO THE COLLAPSE OF THE SYSTEM AND THUS COMPROMISE THE PURPOSE OF ARTICLE 58 OF THE ECSC TREATY .
21 THE LEGAL OPINION PROVIDED BY PROFESSOR ESER STATES THAT