AS OPPOSED TO A HYPOTHETICAL CASE ADVANCED BY THE APPLICANT CONSISTING OF ALLOCATING QUOTAS BASED ON A HYPOTHETICAL OUTPUT CORRESPONDING TO THE AVERAGE UTILIZATION OF CAPACITY BY COMMUNITY UNDERTAKINGS . THAT ACCOUNTANCY REPORT , WHOSE OBJECT IS TO EVALUATE WHAT IS FINANCIALLY AT STAKE IN THE LITIGATION BETWEEN THE APPLICANT AND THE COMMISSION , IS BASED ON AN ASSESSMENT OF PRODUCTIVE CAPACITY ( 459 000 TONNES PER MONTH = 5 508 000 TONNES PER ANNUM ) WHICH THE COURT HAS ALREADY EXPRESSLY REJECTED IN ITS JUDGMENT OF 7 JULY 1982 . THE REPORT THEREFORE CONTRIBUTES NO FRESH EVIDENCE IN RELATION TO THE QUESTION RAISED BY THE APPLICANT ON THE SUBJECT OF ITS PRODUCTIVE CAPACITY .
29 THAT ISSUE MUST THEREFORE BE REGARDED AS HAVING BEEN DEFINITIVELY SETTLED BY THE JUDGMENT OF 7 JULY 1982 .
30 LASTLY , AS FAR AS CONCERNS THE OBJECTION ALLEGING A DEFECTIVE STATEMENT OF THE REASONS ON WHICH DECISION 1831/81 IS BASED , THE APPLICANT TAKES THE VIEW THAT THE REASONS OF THE COMMISSION DID NOT FIND APPROPRIATE EXPRESSION IN THE PREAMBLE TO THE DECISION , WHICH RESTRICTS ITSELF , ON THE DISPUTED POINT , TO AFFIRMING THAT THE COMMISSION HAS TAKEN ACCOUNT ' ' OF THE EXPERIENCE GAINED IN MANAGING THE SYSTEM SET UP BY ' ' DECISION 2794/80 . ACCORDING TO THE APPLICANT , THE NEW DECISION IS THEREFORE VOID FOR INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT .
31 IT SHOULD BE OBSERVED IN THIS CONNECTION , FIRST , THAT THE COMMISSION DID IN FACT SHOW , IN THE PARAGRAPH OF THE PREAMBLE QUOTED , THE REASONS FOR WHAT APPEARS TO BE THE ESSENTIAL COMPONENT OF THE NEW DECISION , NAMELY THE ADJUSTMENT OF THE REFERENCE PERIODS TO ACCORD WITH A MORE SUITABLE DEFINITION OF THE BASIS FOR CALCULATING THE QUOTAS , BY TAKING INTO CONSIDERATION PERIODS OF PRODUCTION MORE REPRESENTATIVE THAN THOSE PREVIOUSLY ADOPTED . THAT REASONING IS SUCH AS TO GIVE THE UNDERTAKINGS CONCERNED SUFFICIENTLY PRECISE INFORMATION REGARDING THE OBJECTIVE PURSUED BY THE COMMISSION . THUS THE APPLICANT ' S CRITICISM REALLY RELATES ONLY TO THE COMMISSION ' S FAILURE TO STATE ITS REASONS FOR THE PARTIAL ABANDONMENT OF A CORRECTIVE FACTOR - NAMELY THE REFERENCE TO PRODUCTIVE CAPACITY - CONTAINED IN DECISION 2794/80 .
32 ACCORDING TO THE CASE-LAW OF THE COURT ( SEE , MOST RECENTLY , THE JUDGMENT OF 28 OCTOBER 1982 , LION AND LOIRET & HAENTJENS AND OTHERS V FIRS , JOINED CASES 292 AND 293/81 , ( 1982 ) ECR 3887 ), THE STATEMENT OF THE REASONS ON WHICH COMMUNITY MEASURES ARE BASED MUST BE APPROPRIATE TO THE NATURE OF THE MEASURE IN QUESTION : IT MUST SHOW CLEARLY AND UNEQUIVOCALLY THE REASONING OF THE COMMUNITY AUTHORITY WHICH ISSUED THE MEASURE , SO AS TO ALLOW THOSE CONCERNED TO TAKE COGNIZANCE OF THE JUSTIFICATION FOR THE MEASURE ADOPTED AND TO ENABLE THE COURT TO EXERCISE ITS POWERS OF REVIEW . IN THE CASE OF A MEASURE IN THE NATURE OF A REGULATION , SUCH AS