ADDITIONAL QUOTAS DDS HAS SUCCEEDED IN INCREASING ITS PRODUCTION AND DELIVERIES OF CATEGORY II PRODUCTS BY 25% AND HAS ALSO BEEN ABLE TO INCREASE ITS EXPORTS TO THE FEDERAL REPUBLIC OF GERMANY BY THE SAME PROPORTION , AND THAT THIS HAS HAD THE EFFECT OF ALTERING THE MARKET SHARES IN DDS ' S FAVOUR . IT ESTIMATES THAT AS A RESULT IT HAS LOST DM 6 MILLION IN TURNOVER .
30 THE APPLICANT ALSO COMPLAINS THAT THE PLACING OF DDS ' S ADDITIONAL QUOTAS ON THE MARKET WITHOUT A CORRESPONDING SIMULTANEOUS INCREASE IN DEMAND HAS REDUCED THE PRICES OF CATEGORY II PRODUCTS FROM DM 830 TO DM 800 PER TONNE , WHEREAS THE COMMISSION INTENDED TO INCREASE THEM TO DM 860 PER TONNE . IT STATES THAT ITS RESULTING LOSS MAY BE ASSESSED AT DM 4 MILLION . IT CONSIDERS THAT THE DAMAGE WHICH IT HAS SUFFERED SINCE THE ENTRY INTO FORCE OF THE CONTESTED ARTICLES AS A RESULT OF THE COMBINATION OF THOSE TWO FACTORS MAY BE ASSESSED AT DM 10 MILLION , WHICH CONSTITUTES HALF OF ITS PROFITS FOR THE 1984 TAX YEAR ; MOREOVER , THE DAMAGE WILL CONTINUE TO INCREASE IF FRESH ADDITIONAL QUOTAS ARE GRANTED TO DDS .
31 AT THE HEARING THE COMMISSION DID NOT DENY THAT THERE HAD BEEN A SLIGHT REDUCTION IN THE PRICE OF CATEGORY II SHEET FOR THE PERIOD IN WHICH IT GRANTED ADDITIONAL QUOTAS TO DDS PURSUANT TO ARTICLES 14 D AND 14 C , BUT STRESSED THAT THE PRICE REDUCTION HAD APPLIED TO ALL CATEGORIES OF STEEL PRODUCTS AND WAS NOT LIMITED TO CATEGORY II PRODUCTS .
32 IT ALSO STATED THAT THE ADDITIONAL QUOTAS GRANTED TO DDS HAD BEEN TAKEN INTO ACCOUNT WHEN THE ABATEMENT RATE APPLIED TO THE REFERENCE QUANTITIES OF STEEL UNDERTAKINGS WAS FIXED . ACCORDING TO ITS CALCULATIONS , THE ADDITIONAL QUOTAS GRANTED TO DDS ONLY AFFECTED THE ABATEMENT RATE BY ONE PERCENTAGE POINT . IF THOSE QUOTAS HAD NOT BEEN GRANTED , THE RATE WOULD HAVE BEEN 48% INSTEAD OF 49% . THE APPLICANT WOULD THEREFORE HAVE RECEIVED 1 350 ADDITIONAL TONNES PER QUARTER IF THOSE ADDITIONAL QUOTAS HAD NOT BEEN GRANTED TO DDS AND IF THERE HAD BEEN THAT REDUCTION OF ONE PERCENTAGE POINT IN THE ABATEMENT RATE .
33 FROM THE CIRCUMSTANCES SET OUT ABOVE , AND IN PARTICULAR THOSE SET OUT IN PARAGRAPH 32 , IT MUST BE CONCLUDED THAT , ALTHOUGH THE APPLICANT HAS SUCCEEDED IN ESTABLISHING THAT IT HAS SUFFERED FINANCIAL LOSS AS A RESULT OF THE GRANTING OF ADDITIONAL QUOTAS TO DDS , IT NEVERTHELESS HAS NOT SUCCEEDED , AS THE COMMISSION HAS RIGHTLY STRESSED , IN PUTTING FORWARD ARGUMENTS FROM WHICH IT MIGHT BE INFERRED THAT IT HAS SUFFERED SERIOUS AND IRREPARABLE DAMAGE .
34 IT HAS NOT BEEN ABLE TO ESTABLISH CLEARLY THAT THE REDUCTION IN THE PRICE OF CATEGORY II SHEET WHICH OCCURRED DURING THE PERIOD IN WHICH DDS WAS GRANTED ADDITIONAL QUOTAS WAS EXCLUSIVELY OR LARGELY DUE TO THOSE ADDITIONAL QUOTAS OR THAT