. THAT PROVISION ENABLES THE COMMISSION , IN CERTAIN CIRCUMSTANCES , TO MAKE AN ADJUSTMENT TO THE REFERENCE PRODUCTION AND TO THE REFERENCE QUANTITIES OR TO BOTH , THEREBY INCREASING THE QUOTAS ALLOCATED . HOWEVER , THE FINAL PARAGRAPH OF ARTICLE 14 PROVIDES THAT SUCH ADJUSTMENTS MAY BE MADE ONLY IN RESPECT OF UNDERTAKINGS WHOSE TOTAL REFERENCE PRODUCTION FOR CATEGORIES IV ( WIRE ROD ), V ( REINFORCING BARS ) AND VI ( MERCHANT BARS ) IS LOWER THAN 100 000 TONNES A YEAR .
3 SINCE THE APPLICANT ' S ANNUAL REFERENCE PRODUCTION FOR THE PERIOD UNDER CONSIDERATION IS MORE THAN 100 000 TONNES , IT IS , BY VIRTUE OF THE LIMIT SET BY ARTICLE 14 , PRECLUDED ALTOGETHER FROM QUALIFYING FOR AN ADJUSTMENT OF ITS QUOTA . IT MAINTAINS THAT THE COMMISSION ' S SELF-IMPOSED LIMITATION ON ITS POWER TO GRANT SPECIAL RELIEF IS A BREACH OF ARTICLES 2 , 3 AND 58 OF THE ECSC TREATY .
4 THE APPLICANT FURTHER ARGUES THAT THE LIMITATION OF ITS PRODUCTION WHICH THE DISPUTED QUOTA ENTAILS IS SUCH AS TO CONSTITUTE AN IMMEDIATE AND SERIOUS THREAT TO ITS ECONOMIC AND FINANCIAL STANDING EVEN BEFORE A DECISION CAN BE TAKEN ON ITS MAIN APPLICATION : INTERIM MEASURES SHOULD THEREFORE BE ADOPTED IN ORDER TO AVOID THAT SITUATION .
5 THUS , IN A DOCUMENT DATED 27 AUGUST 1982 , THE APPLICANT REQUESTED THAT BY WAY OF INTERIM MEASURES PURSUANT TO ARTICLE 39 OF THE ECSC TREATY AND ARTICLE 83 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE :
1 . THE COMMISSION SHOULD BE ORDERED TO TAKE SUCH PROTECTIVE MEASURES AS IT CONSIDERS NECESSARY IN ORDER TO ENSURE THAT MOSELSTAHLWERK ' S FACTORY , WHICH IS THREATENED WITH CLOSURE , CONTINUES TO OPERATE DURING THE MINIMUM FORESEEABLE PERIOD REQUIRED FOR THE CONCLUSION OF THE PROCEEDINGS ON THE MAIN APPLICATION ;
2 . A PANEL OF EXPERTS SHOULD IN ANY CASE BE SET UP WITH THE TASK OF GIVING ITS OPINION AS TO WHETHER ' ' COMPLIANCE WITH THE QUOTAS IMPOSED BY THE INDIVIDUAL DECISION OF 6 JULY 1982 INEVITABLY ENTAILS MAKING THE APPLICANT ' S BUSINESS UNPROFITABLE , THEREBY OBLIGING IT TO DISMISS ITS LABOUR-FORCE AND TO COMMENCE WINDING-UP PROCEEDINGS IN PURSUANCE OF GERMAN LEGISLATION ON INSOLVENCY . ' '
6 ACCORDING TO ARTICLE 39 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ACTIONS BROUGHT BEFORE THE COURT ARE NOT TO HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF IT CONSIDERS THAT THE CIRCUMSTANCES SO REQUIRE , ORDER THAT APPLICATION OF THE CONTESTED DECISION BE SUSPENDED . IT MAY PRESCRIBE ANY OTHER NECESSARY INTERIM MEASURES .
7 UNDER ARTICLE 83 ( 2 ) OF THE COURT ' S RULES OF PROCEDURE ANY SUSPENSION OF A MEASURE AND ANY ORDER GRANTING INTERIM MEASURES ARE CONDITIONAL UPON THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH MEASURES .
8 THE COURT HAS CONSISTENTLY HELD THAT