Opinion of Mrs Advocate General Rozès delivered on 12 January 1984

1 Translated from the French.

2 Official Journal, L 180, 1. 7. 1981, p. 1.

3 Most recently, in the judgment of 19. 10. 1983, Case 265/82 Üsinor [1983] ECR 3105, paragraph 7 of the decision.

4 For the purpose of this Decision, any group of concentrated undertakings within the meaning of Article 66 of the Treaty shall be considered as a single undertaking even if such undertakings are located in different Member States (Official Journal, L 180 1. 7. 1981, p. 1).

5 cf. Decision No 24/54 of the High Authority of 6. 5.1954, Official Journal, English Special Edition 1952-58, p. 16.

6 Commission Decision of 7. 7. 1975 on the setting up of Queensborough Steel Co. Ltd by Usines Gustave Boël SA and Helical Bar Ltd.

7 Judgment of 13. 7. 1962, Joined Cases 17 and 20/61 Klöckner and Hoesch [1962] ECR 325.

8 Judgment of 7. 7. 1982, Case 119/81 Klöckner [1982] ECR 2627, paragraph 21 et seq. of the decision; judgment of 11. 5. 1983, Case 244/81 Klõckner [1983] ECR 1451 at paragraphs 39 to 37 of the decision.

9 Judgment of 11. 5. 1983, Case 244/81, cited above, paragraph 27 of the decision.

10 Case 317/82 [1983] ECR 2041, paragraph 12 of the decision.

11 A fine had already been imposed on the undertaking Usines Gustave Boel SA, La Louvière on 24. 11. 1982 for exceeding by 2581 tonnes its production quota for Category I products notified to it for the second quarter of 1981.

12 Joined Cases 154, 205, 206, 226 to 228, 263 and 264/78, 39, 31, 83 and 85/79 Valsabbia and Others ν Commission [1980] ECR 907, paragraph 159 of the decision: ... by deciding to apply a relatively low coefficient for the calculation of the fines, namely ... 10% of [the] value [of the underpricing] in the case of the medium-sized undertakings operating at a loss ..., having regard to the rate which it may apply under Article 64 of the Treaty — twice the value of the unlawful sales — the Commission properly took account of the circumstances of the cases.

13 Case 244/81 Klöckner ν Commission [1983] ECR 1451, paragraphs 36, 37 and 38 of the decision.

14 Judgment of 16. 11. 1983, Case 188/82 Thyssen ν Commission [1983] ECR 3721, paragraph 20 of the decision.