FOR THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
3 SINCE SIDERADRIA EXCEEDED ITS PRODUCTION QUOTA FOR THE FOURTH QUARTER OF 1982 BY 3 371 TONNES AND ITS DELIVERY QUOTAS FOR THE FOURTH QUARTER OF 1981 AND ALL FOUR QUARTERS OF 1982 BY 7 832 TONNES , 6 051 TONNES , 7 692 TONNES , 7 159 TONNES AND 9 012 TONNES RESPECTIVELY , THE FINE , CALCULATED AT THE RATE OF 20 EUROPEAN CURRENCY UNITS ( ECU ) PER TONNE OF EXCESS , AMOUNTED TO 768 404 ECU .
4 AS REGARDS THE INFRINGEMENT OF THE PRODUCTION QUOTA FOR THE FOURTH QUARTER OF 1982 , SIDERADRIA ARGUES THAT THE COMMISSION ADOPTED A CONTRADICTORY ATTITUDE IN SO FAR AS ON 19 AUGUST 1982 IT GRANTED SIDERADRIA ADDITIONAL PRODUCTION QUOTAS IN RESPECT OF THE FOUR PRECEDING QUARTERS WITHOUT ACTUALLY GIVING IT THE POSSIBILITY OF USING THEM , SINCE IT WAS NOT AUTHORIZED TO CARRY QUOTAS FORWARD BEYOND THE THIRD QUARTER OF 1982 . IN ADDITION , SIDERADRIA COMPLAINS THAT ON 29 OCTOBER 1982 THE COMMISSION REFUSED TO APPLY TO IT ARTICLE 11 ( 3 ) ( D ) OF AFOREMENTIONED DECISION NO 1696/82 , WHICH PROVIDES THAT IN THE EVENT OF FORCE MAJEURE UNUSED QUOTAS MAY BE CARRIED FORWARD IN THEIR ENTIRETY . IF THE COMMISSION HAD AUTHORIZED SIDERADRIA TO CARRY FORWARD TO THE FOURTH QUARTER OF 1982 THE ADDITIONAL QUOTAS WHICH HAD BEEN GRANTED TO IT , THAT WOULD HAVE COVERED THE EXCESS AT ISSUE . ACCORDINGLY , IT IS UNJUST TO PENALIZE SIDERADRIA FOR HAVING EXCEEDED ITS PRODUCTION QUOTAS .
5 IT MUST BE OBSERVED THAT THAT SUBMISSION IS TANTAMOUNT TO CALLING INTO QUESTION THE VALIDITY OF THE DECISIONS OF 19 AUGUST AND 29 OCTOBER 1982 , WHICH HAVE BECOME DEFINITIVE SINCE THEY WERE NOT CONTESTED WITHIN THE PERIODS PRESCRIBED BY THE TREATY . ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , AN APPLICANT CANNOT , IN PROCEEDINGS FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID , RAISE AN OBJECTION OF ILLEGALITY AGAINST OTHER INDIVIDUAL DECISIONS ADDRESSED TO IT WHICH HAVE BECOME DEFINITIVE . THAT SUBMISSION MUST THEREFORE BE DISMISSED .
6 WITH REGARD TO ITS HAVING EXCEEDED THE DELIVERY QUOTAS FOR THE FOURTH QUARTER OF 1981 AND ALL FOUR QUARTERS OF 1982 , SIDERADRIA RELIES ON FOUR SUBMISSIONS .
7 FIRST , SIDERADRIA MAINTAINS THAT IT IS UNJUST TO HAVE ALLOCATED IT DELIVERY QUOTAS OF BETWEEN ONE-THIRD AND ONE-HALF OF ITS AUTHORIZED PRODUCTION WHEN THERE WERE NO ECONOMIC OUTLETS FOR ITS PRODUCTION OTHER THAN THE COMMON MARKET .
8 SECONDLY , SIDERADRIA CONTESTS THE WAY IN WHICH THE COMMISSION APPLIED ARTICLE 8 ( 2 ) OF DECISION NO 1696/82 , UNDER WHICH THE COMMISSION MAY MAKE APPROPRIATE ADJUSTMENTS TO THE ANNUAL REFERENCE QUANTITIES FOR THE UNDERTAKING CONCERNED IF THE LATTER CAN PROVE , IN PARTICULAR , THAT THE REFERENCE QUANTITIES FIXED HAVE CAUSED IT GRAVE