JUDGMENT OF 11. 5. 1983 — JOINED CASES 303 AND 312/81 KLÖCKNERWERKE v COMMISSION

In Joined Cases 303 and 312/81

THE COURT (Fourth Chamber) composed of: A. O'Keeffe, President of Chamber, P. Pescatore, G. Bosco, T. Koopmansland K. Bahlmann, Judges, Advocate General: G. Reischl Registrar: P. Heim

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — First submission

B — Second submission

C — Third submission

(a) Admissibility of the submission

(b) Breach of the duty to guarantee a minimum level of utilization

(c) Nonobservance of the prohibition of State subsidies

(d) Absence of assent by the Council

(e) Unlawfulness of imposing quota restrictions on exports

IV — Oral procedure

Decision

The application against the decision of 19 October 1981 refusing to increase the quotas under Article 14 of general Decision 2794/80 (Case 303/81)

First submission, alleging a disregard of the concept of exceptional difficulties contained in Article 14 of Decision 2794/80

Second submission, alleging an underestimation of the applicant's productive capacity

The application against the decision of 28 October 1981 fining the applicant for exceeding the quota limits (Case 312/81)

Submissions alleging that Decision 2794/80 and the individual decision of 19 October 1981 are illegal

Submission alleging breach of the promise not to impose the fine

Submission as to an emergency situation

The alternative claim for a reduction in the amount of the fine

Costs