UNDERTAKING , OF THE QUOTA ADJUSTMENT GRANTED TO IT AND OF THE LEGAL BASIS FOR THAT ADJUSTMENT MIGHT SERIOUSLY AFFECT THE OPERATION OF THE UNDERTAKING OR EVEN ITS CONTINUED EXISTENCE .
Parties
IN CASE 27/84
WIRTSCHAFTSVEREINIGUNG EISEN- UND STAHLINDUSTRIE , WHOSE REGISTERED OFFICE IS IN DUSSELDORF , REPRESENTED BY J . SEDEMUND , RECHTSANWALT , COLOGNE , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF J . LOESCH ,
APPLICANT ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , R . WAGENBAUR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF M . BESCHEL , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR A DECLARATION THAT THE COMMISSION ' S REFUSAL TO PUBLISH THE PRODUCTION QUOTA ADJUSTMENTS GRANTED TO THE VARIOUS STEEL UNDERTAKINGS IS VOID ,
Grounds
1 BY AN APPLICATION RECEIVED AT THE COURT REGISTRY ON 25 JANUARY 1984 , THE WIRTSCHAFTSVEREINIGUNG EISEN- UND STAHLINDUSTRIE ( ASSOCIATION OF GERMAN IRON AND STEEL PRODUCERS ), WHOSE REGISTERED OFFICE IS IN DUSSELDORF , BROUGHT AN ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 33 OF THE ECSC TREATY REQUESTING THE COURT TO DECLARE VOID THE COMMISSION ' S DECISION , WHICH WAS INDIVIDUAL IN CHARACTER AND WAS NOTIFIED TO THE APPLICANT BY LETTER OF 13 JANUARY 1984 , REFUSING TO DISCLOSE TO THE APPLICANT THE FIGURES FOR EACH STEEL UNDERTAKING RESULTING FROM THE FIXING AND ADJUSTMENT OF PRODUCTION QUOTAS UNDER THE SYSTEM INTRODUCED PURSUANT TO ARTICLE 58 OF THE ECSC TREATY .
2 THE APPLICANT IS AN ASSOCIATION OF GERMAN STEEL UNDERTAKINGS WHOSE OBJECT IS TO PROTECT THE COLLECTIVE INTERESTS OF ITS MEMBERS . THE AIM OF THE PRESENT ACTION IS TO SECURE THE COMPLETE TRANSPARENCY OF THE SYSTEM OF PRODUCTION QUOTAS WHICH THE COMMISSION INTRODUCED IN 1980 AND HAS KEPT IN FORCE EVER SINCE . THE APPLICANT MAINTAINS THAT COMPLETE TRANSPARENCY OF THE QUOTA SYSTEM NECESSITATES THE COMMISSION ' S PUBLISHING FULL REFERENCE PRODUCTION FIGURES AND REFERENCE QUANTITIES FOR EACH STEEL UNDERTAKING TOGETHER WITH THE PRODUCTION AND DELIVERY QUOTAS ALLOCATED TO EACH UNDERTAKING AND ANY ADJUSTMENTS GRANTED .
3 BY A LETTER DATED 10 NOVEMBER 1983 THE APPLICANT ASKED THE COMMISSION TO PUBLISH ALL THOSE FIGURES IN THE OFFICIAL JOURNAL . IT ARGUED THAT UNDERTAKINGS SUBJECT TO THE PRODUCTION QUOTA SYSTEM OUGHT TO BE ABLE TO CHECK WHETHER , AND TO WHAT EXTENT , THE COMMISSION HAS COMPLIED WITH THE REQUIREMENTS LAID DOWN BY ARTICLE 58 OF THE ECSC TREATY , AND IN PARTICULAR THE REQUIREMENT THAT QUOTAS MUST BE DETERMINED ON AN EQUITABLE BASIS , WHEN FIXING QUOTAS AND GRANTING ANY ADJUSTMENTS THERETO .
4 IN ITS REPLY OF 13 JANUARY 1984 , THE COMMISSION PROVIDED THE APPLICANT WITH A SUMMARY TABLE , SHOWING FOR EACH UNDERTAKING BELONGING TO THE EUROFER CONFEDERATION AND FOR EACH CATEGORY OF STEEL PRODUCTS REFERENCE PRODUCTION FIGURES AND REFERENCE QUANTITIES , THE PART OF THE QUOTAS WHICH MAY BE DELIVERED IN THE COMMON MARKET AND THE ADJUSTMENTS GRANTED