JUDGMENT OF 30. 11. 1983 — CASE 235/82 FERRIERE SAN CARLO v COMMISSION

In Case 235/82

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 — Outline of the facts

(a) The relevant provisions

(b) The position of Ferriere San Carlo SpA during the fourth quarter of 1980

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 2794/80/ECSC of 31 October 1980

(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 2794/80/ECSC

(d) The method of calculating the fine

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — The fine in principle

B — The amount of the fine

C — The request for time to pay

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

A — The Commission's replies

B — Ferriere San Carlo's replies

V — Oral procedure

Decision

The claim that the contested decision should be declared void

The first submission in the application

The second submission in the application

The third submission in the application

The fourth submission in the application

The fifth submission in the application

The sixth submission in the application

The alternative claim for a reduction of the fine

The claim that the Court should grant the applicant terms and payment periods taking into account both its financial position and the current situation in the iron and steel industry

Costs