DAMAGE SO SERIOUS AND IRREPARABLE THAT IT COULD NOT BE REDRESSED EVEN IF THE MEASURE CONTESTED IN THE MAIN ACTION WERE ANNULLED .
10 THAT IS PARTICULARLY TRUE IN THIS CASE SINCE BY VIRTUE OF THE SHORT PERIOD FOR WHICH THE DISPUTED QUOTAS WERE FIXED , NAMELY THE FOURTH QUARTER OF 1980 , THE MEASURES REQUESTED WOULD THEMSELVES BE IRREVERSIBLE IN NATURE , PREJUDGING THE OUTCOME OF THE MAIN ACTION AND DESTROYING THE EQUALITY IN THE TERMS OF COMPETITION BETWEEN THE APPLICANT AND UNDERTAKINGS WHICH PRODUCE AND MARKET PRODUCTS IDENTICAL TO ITS OWN USE .
11 IT SHOULD ALSO BE EMPHASIZED THAT IN ORDER TO DEAL WITH EXCEPTIONAL SITUATIONS ARTICLE 14 OF DECISION NO 2794/80/ECSC PROVIDES THAT ' ' WHERE THE PRODUCTION OR DELIVERY RESTRICTIONS IMPOSED BY THIS DECISION OR ITS IMPLEMENTING MEASURES ENTAIL EXCEPTIONAL DIFFICULTIES FOR AN UNDERTAKING , IT MAY REFER THE MATTER TO THE COMMISSION , PROVIDING ALL APPROPRIATE SUPPORTING DOCUMENTATION . THE COMMISSION SHALL EXAMINE THE CASE WITHOUT DELAY , IN THE LIGHT OF THE OBJECTIVES OF THIS DECISION . WHERE APPROPRIATE , THE COMMISSION SHALL ADAPT THE PROVISIONS OF THIS DECISION ' ' .
12 ALTHOUGH PRIOR RECOURSE TO ARTICLE 14 DOES NOT IN ITSELF CONSTITUTE A CONDITION PRECEDENT FOR THE ADMISSIBILITY OF THE APPLICATION FOR INTERIM MEASURES , THE FACT THAT THE APPLICANT HAS NOT THOUGHT IT NECESSARY TO REFER THE MATTER TO THE COMMISSION WITH A VIEW TO OBTAINING AN INCREASE IN ITS QUOTAS , TOGETHER WITH THE FACT THAT IN THE PRESENT PROCEEDINGS IT HAS NOT ADDUCED EVIDENCE SHOWING A REAL DANGER OF SERIOUS AND IRREVERSIBLE DAMAGE IF THE DISPUTED QUOTAS CONTINUE TO BE APPLIED TO IT , LEAD TO THE CONCLUSION THAT THE URGENCY AND NECESSITY OF A SUSPENSORY ORDER OR OF THE MEASURES REQUESTED HAVE NOT BEEN PROVED TO THE STANDARD REQUIRED BY LAW .
13 THE APPLICANT STATED , WITHOUT HOWEVER SUPPLYING ANY DETAILS IN THIS REGARD , THAT ITS QUOTAS WOULD BE EXHAUSTED BY 19 DECEMBER 1980 AND THAT IT WOULD HAVE TO CEASE PRODUCTION ON THAT DATE . THE COMMISSION , FOR ITS PART , STATED WITHOUT BEING CONTRADICTED THAT THE TOTAL PRODUCTION OF STEEL AND CONCRETE REINFORCEMENT BARS IN OCTOBER AND NOVEMBER 1980 AMOUNTED TO 157 359 TONNES . IT THUS APPEARS THAT FOR THE MONTH OF DECEMBER THE APPLICANT HAD A RESERVE OF 205 361 TONNES LESS 157 359 TONNES , THAT IS TO SAY , 48 002 TONNES .
MOREOVER , IT ALSO APPEARS THAT THE PRODUCTION OF CONCRETE REINFORCEMENT BARS IN OCTOBER 1980 ATTAINED AN EXCEPTIONALLY HIGH LEVEL COMPARED TO THE CORRESPONDING PRODUCTION FOR THE SAME PERIOD IN THE PREVIOUS FIVE YEARS AND THIS MAKES IT APPEAR PROBABLE THAT , IN ANTICIPATION OF THE DECISION WHICH WAS ABOUT TO BE TAKEN , THE APPLICANT DELIBERATELY PUSHED ITS PRODUCTION BEYOND ITS USUAL LIMITS .
14 IN THOSE CIRCUMSTANCES SPREADING OUT PRODUCTION OVER THE MONTHS OF NOVEMBER AND DECEMBER 1980 SO AS TO REMAIN WITHIN THE LIMITS OF THE QUOTAS DID NOT PRESENT THE APPLICANT