TREATY .
13 IT CLAIMS IN THE FIRST PLACE , THAT UNDERTAKINGS WHICH HAD COMPLIED WITH THE VOLUNTARY RESTRICTIONS ON DELIVERIES AND OBSERVED THE MINIMUM PRICES WERE PLACED AT A DISADVANTAGE .
14 BUT THE APPLICANT IS AMONGST THE UNDERTAKINGS WHICH FAILED TO OBSERVE THEIR COMMITMENTS REGARDING THE LIMITATION OF DELIVERIES . IT CANNOT THEREFORE COMPLAIN OF THE EXCESSIVELY FAVOURABLE TREATMENT ACCORDED SUCH UNDERTAKINGS . IN FACT ITS QUOTA FOR THE PERIOD IN DISPUTE WAS CALCULATED ON THE BASIS OF TWO MONTHS , OCTOBER 1978 AND NOVEMBER 1979 , SITUATED IN QUARTERS WHEN THE APPLICANT EXCEEDED ITS VOLUNTARY DELIVERY PROGRAMME BY 13% AND 37% RESPECTIVELY , AND ON THE BASIS OF A THIRD MONTH , DECEMBER 1977 , SITUATED IN A QUARTER WHEN THE APPLICANT ' S PRODUCTION WAS 7% BELOW THE VOLUNTARY DELIVERY PROGRAMME .
15 SECONDLY , THE APPLICANT COMPLAINS OF THE FACT THAT DECISION NO 2794/80/ECSC , WHICH ENTERED INTO FORCE ON THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , NAMELY 31 OCTOBER 1980 , PROVIDES FOR PRODUCTION QUOTAS AS FROM 1 OCTOBER 1980 ; THE APPLICANT ALSO CRITICIZES THE JUSTIFICATION ADVANCED BY THE COMMISSION FOR THE RETROACTIVE NATURE OF THAT DECISION .
16 WITH REGARD TO THE FIRST POINT , IT SHOULD BE POINTED OUT , FIRST , THAT DECISION NO 2794/80/ECSC DID NOT HAVE GENUINE RETROACTIVE EFFECT SINCE THE UNDERTAKINGS WERE ABLE TO ADJUST THEIR PRODUCTION IN NOVEMBER AND DECEMBER TO TAKE ACCOUNT OF THEIR QUOTAS FOR THE QUARTER AND THEREBY AVOID ANY INFRINGEMENT , AND SECONDLY , THAT , ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .
17 IN THE CIRCUMSTANCES OF THIS CASE IT WAS NECESSARY TO INCLUDE THE MONTH OF OCTOBER IN THE SYSTEM IN ORDER TO PREVENT UNDERTAKINGS FROM INCREASING THEIR PRODUCTION IN OCTOBER IN ANTICIPATION OF THE REDUCTIONS SUBSEQUENTLY TO BE APPLIED .
18 THE APPLICANT CLAIMS , WITH REGARD TO THAT JUSTIFICATION FOR THE RETROACTIVE NATURE OF THE DECISION , THAT IT KEPT ITS PRODUCTION AT THE LEVEL OF THE PRECEDING MONTHS AND THAT IT IS UNFAIR THAT IT SHOULD HAVE TO BEAR THE CONSEQUENCES OF THE CONDUCT OF OTHERS .
19 THIS COMPLAINT CANNOT BE UPHELD . ALTHOUGH CERTAIN UNDERTAKINGS DID NOT INCREASE THEIR PRODUCTION IN OCTOBER IN ANTICIPATION OF THE INTRODUCTION OF QUOTAS FOR THE MONTHS TO FOLLOW , THAT FACT CANNOT ENTITLE THEM TO CLAIM SPECIAL TREATMENT .
20 FURTHERMORE , THE COMMISSION RESPECTED THE LEGITIMATE EXPECTATIONS OF THE PERSONS CONCERNED BY MEANS OF THE COMMUNICATION OF 11 OCTOBER 1980 ( OFFICIAL JOURNAL C 264 , P . 2 ), WHEREBY IT GAVE NOTICE OF ITS INTENTION TO INCLUDE THE MONTH OF OCTOBER IN THE SYSTEM OF QUOTAS , AND BY MEANS OF THE DECISION PUBLISHED ON THE SAME