JUDGMENT OF 30. 11. 1983 — CASE 234/82 FERRIERE DI ROE VOLCIANO v COMMISSION

In Case 234/82

THE COURT (Fifth Chamber) composed of: Y. Galmot, President of Chamber, P. Pescatore, Lord Mackenzie Stuart, O. Due and U. Everling, Judges Advocate General: G. Reischl Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

A — Qutline of the facts

(a) The relevant provisions

(b) The position of Ferriere di Roè Volciano SpA during the third quarter of 1981

B — Written procedure

A — The Commission of the European Communities is requested to reply in writing before 1 May 1983 to the following questions

(a) General information

(b) The existence of an infringement

(c) The application of adjustments provided for in Decision No 1831/81 ECSC of 24 June 1981

(d) The method of calculating the fine

B — The applicant is requested to reply in writing before 1 May 1983 to the following questions

(a) General information

(b) The existence of an infringement

(c) The application of adjustments provided for in Decision No 1831/81/ECSC

(d) The method of calculating the fine

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — The applicant's submissions with regard to the imposition of a fine in principle

1. The submission that the contested decision failéd to comply with the provisions of Article 14 of Decision No 2794/80/ECSC and of Articles 3 and 4 of the ECSC Treaty

2. The submission that the contested decision is illegal because it is inequitable

3. The submission that the contested decision is illegal because it fails to take account of the fact that the excess production was not sold but put into storage

4. The submission that the contested decision failed to comply with Article 11 (2) and (3) of Decision No 1831/81

5. The allegations that the applicant exceeded its quota for the fourth quarter of 1981

B — Submissions with regard to the amount of the fine

C — Submissions with regard to the rate of interest to be applied to the fine

IV — Replies of the parties to the questions put by the Court

A — The Commission's replies

B — The applicant's replies

V — Oral procedure

Decision

Costs