WAS DUE TO THE CONTRADICTORY AND INEQUITABLE ATTITUDE OF THE COMMISSION WHICH , AFTER HAVING APPEARED TO ENCOURAGE EXPORT OF STEEL PRODUCTS TO NON-MEMBER COUNTRIES , SUDDENLY REFUSED TO ALLOW THE APPLICANT TO PRODUCE THE QUANTITIES NECESSARY TO FULFIL AN ORDER FOR DELIVERY TO A NON-MEMBER COUNTRY . THE COMMISSION REFUSED TO TAKE ACCOUNT OF AN ORDER FOR 30 000 TONNES OF REINFORCING BARS TO BE EXPORTED TO LIBYA WHEN IT DETERMINED , ON 4 AUGUST 1981 , THE APPLICANT ' S PRODUCTION QUOTA FOR THE THIRD QUARTER OF 1981 AND WHEN IT REFUSED , ON 7 AUGUST 1981 , THE APPLICATION TO ADJUST THE QUOTA TO THE SPECIAL CIRCUMSTANCES OF THE APPLICANT ' S UNDERTAKING , WHEREAS THE COMMISSION ITSELF HAD , AT THE TIME OF AN EARLIER LIBYAN ORDER IN 1980 , INFORMED THE APPLICANT THAT IT WAS ' ' IN THE INTEREST OF THE COMMUNITY STEEL INDUSTRY TO MAINTAIN THESE PATTERNS OF EXPORT ' ' .
4 ON THE BASIS OF THESE ALLEGATIONS OF FACT , THE APPLICANT CLAIMS FIRST OF ALL THAT THE COMMISSION WAS REQUIRED TO ADJUST ITS QUOTA , BOTH ON THE BASIS OF ARTICLE 14 OF GENERAL DECISION NO 2794/80/ECSC OF 31 OCTOBER 1980 ESTABLISHING A SYSTEM OF STEEL PRODUCTION QUOTAS FOR UNDERTAKINGS IN THE IRON AND STEEL INDUSTRY ( OFFICIAL JOURNAL L 291 , P . 1 ) AND ON THAT OF GENERAL DECISION NO 1831/81/ECSC OF 24 JUNE 1981 ESTABLISHING FOR UNDERTAKINGS IN THE IRON AND STEEL INDUSTRY A MONITORING SYSTEM AND A NEW SYSTEM OF PRODUCTION QUOTAS IN RESPECT OF CERTAIN PRODUCTS ( OFFICIAL JOURNAL L 180 , P . 1 ).
5 THE APPLICANT THEN INVOKES THE SAME CIRCUMSTANCES IN SUPPORT OF ITS CONTENTION THAT THE AMOUNT OF THE FINE IMPOSED UPON IT IS DISPROPORTIONATE TO THE OFFENCE COMMITTED . IT POINTS OUT THAT ITS UNDERTAKING , WHICH IS SMALL IN SIZE , COULD NOT HAVE SURVIVED THE LOSS OF THE LIBYAN CONTRACT WHICH THE ABANDONMENT OF THE NEW LIBYAN ORDER WOULD HAVE ENTAILED .
6 IT MUST BE POINTED OUT FIRST OF ALL THAT THE FIRST OF THESE TWO SUBMISSIONS AMOUNTS TO A CHALLENGE TO THE LEGALITY OF THE DECISIONS OF 4 AND 7 AUGUST 1981 BY WHICH THE COMMISSION RESPECTIVELY DETERMINED THE APPLICANT ' S PRODUCTION QUOTA FOR THE THIRD QUARTER OF 1981 AND REFUSED THE APPLICANT ' S REQUEST TO ADJUST THE QUOTA . HOWEVER , THOSE DECISIONS HAVE BECOME DEFINITIVE BY VIRTUE OF NOT HAVING BEEN CONTESTED WITHIN THE PERIODS PROVIDED BY THE TREATY . IT IS CLEAR FROM AN ESTABLISHED BODY OF CASE-LAW THAT AN APPLICANT CANNOT , IN THE COURSE OF AN APPLICATION DIRECTED AGAINST AN INDIVIDUAL DECISION , PUT FORWARD AN OBJECTION OF ILLEGALITY AGAINST OTHER INDIVIDUAL DECISIONS ADDRESSED TO IT , WHICH HAVE BECOME DEFINITIVE .
7 IN THOSE CONDITIONS , IT IS POINTLESS FOR THE APPLICANT TO PLEAD THE ILLEGALITY OF THE AFOREMENTIONED DECISIONS OF 4 AND 7 AUGUST 1981 . THE FIRST SUBMISSION MUST THEREFORE BE DISMISSED .
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