Opinion of Mr Advocate General Mischo delivered on 10 February 1987

1 Translated Irom lhe rrench.

2 OJ 1984, L 29, p. 1.

3 See lhe judgment of 17 July 1959 in Case 42/58 Société deidm fins de l'Eu (SAFE) v High Authority [1959] ECR 183 at p. 191.

4 Judgment of 17 July 1959 in Case 42/58 Soditi del ticien firn de VElt (SAFE)v High Authority [1959] ECR 183 at p. 191; see also the judgment of 22 March 1961 in Joined Cases 42 and 49/59 Snupal v High Authority [1961] ECR 53 at p. 73.

5 Judgment of 22 March 1961 in Joined Cases 42 and 49/59 Snupatv High Authority [1961] ECR 53 at p. 74.

6 Judgment of 6 April 1982 in Joined Cases 21 to 26/61 Meroni v High Authority [1962] ECR 73 at p. 76.

7 See the Order of 28 March 1984 in Case 45/84 R European Independent Steelwork Association v Commission [1984] ECR 1759.

8 See for instance che penultimate paragraph of the fint recital in the preamble to Commission Decision No 234/84/ECSC; see also the sixth recital in the preamble to Commission Decision No 3715/83/ECSC of 23 December 1983 fixing minimum pnces for certain steel products (Ol 1983, L 373, p. 1): such a measure, is an integral part of the other crisis measures taken by the Commission, in particular with regard to quantities. It should therefore be temporary.

9 See, for instance, the Court's judgment of 15 October 1985 in Joined Cases 211 and 212/83 and 77 and 78/84 Kmpp and Thyssen v Commission [19851 ECR 3409, paragraph 25 of the decision: ... the Commission is quite correct, in view of the seriousness of the crisis in the steel industry and of the measures needed to overcome it, to regulate the process of restructuring by a series of measures of which the quota system forms part, and paragraph 34 of the decision: ... despite the differences in their legal basis and the criteria for their application, the objective of both [the quota and aid] systems is restructuring.

10 See, in particular, the judgment of 18 March 1980 in Joined Cises 154, 205, 206, 226 to 228, 263 and 264/78, 39 and 31/83 and 85/79 Valiabbia and Others v Commission [1980] ECR 907, paragraph 59 of the decision; and the judgment of 12 July 1984 in Case 81/83 Busseniv Commission [1984] ECR 2951, paragraph 18 of the decision.

11 Case 37/84 Ä, European Independent Steelwork Association v Commission [1984] ECR 1749 at pp. 1752 and 1753.

12 Commission Decision No 3717/83/ECSC of 23 December 1983 introducing for steel undertakings and steel dealers a production certificate and an accompanying document for deliveries of certain products (OJ 1983, L 373, p. 9).

13 Case 244/81 [1983] ECR 1451, paragraph 37 of the decision; Joined Cases 311/81 and 30/82 [1983] ECR 1549, paragraph 36 of the decision; and Case 136/82 [1983] ECR 1599, paragraph 36 of the decision.

14 Joined Cases 211 and 212/83 and 77 and 78/84 Knipp Stahl AC and Thysun Stahl AG v Commuúon [1985] ECR 3409.

15 Case 8/57 Groupement des hauts-fourneaux et aciéries helges v High Authority [1957-58] ECR 245 at p. 253.

16 Vahahhia and Others v Commission [1980] ECR 907, paragraphs 53 to 55 of the decision.

17 See the Court's judgment of 16 February 1982 in Case 276/80 Padana v Commission [1982] ECR 517, paragraph 21 of the decision.

18 See in that connection the Court's judgment of 28 June 1984 in Case 36/83 Mabanafi v Hauptzollamt Emmerich [1984] ECR 2497, paragraphs 23 and 24 of the decision.

19 This seems to be a reference to Article 4 (b) of the ECSC Treaty.

20 Written Question No 813/84, OJ C 71 of 18.3.1985, p. 5.

21 Commission Decision No 915/68/ECSC of 6 July 1968 on the application to the French Republic of Article 37 of the Treaty establishing the European Coal and Steel Community (JO 1968, L 159, p. 6).

22 Commission Decision No 74/134/ECSC of 18 February 1974 on the application to the United Kingdom of Great Britain and Northern Ireland of Article 37 of the Treaty establishing the European Coal and Steel Community (OJ 1974, L 74, p. 20).

23 Commission Decision of 25 June 1974 amending Commission Decision No 74/134/ECSC of 18 February 1974 on the application to the United Kingdom of Article 37 of the ECSC Treaty (OJ L 189 of 12.7.1974, p. 25).

24 See, for instance, the judgment of 21 June 1984 in Case 69/83 Lux v Court of Auditori [1984] ECR 2447, paragraph 30 of the decision.

25 On this point see the Opinion of Mr Advocate General Lagrange in Case 3/54 Atsider v High Authority [1954-56] ECR 72 at p. 85.

26 On this point see the Opinion of Mr Advocate General Lagrange in Case 8/55 Fédération charbonnière de Belgique v High Authority [1954-56] ECR 260 at p. 272.

27 Fédération charbonière de Belgique v High Authority [1954-56] ECR 292 at p. 303.

28 On this point sec the judgment of 11 February 1955 in Case 3/54 [1954-56] ECR 63 and the judgment of 16 July in Case 8/55 [1954-56] ECR 245.

29 Commission Decision No 3746/86/ECSC of 5 December 1986 amending Decision No 3485/85/ECSC on the extension of the system of monitoring and production quotas for certain products of undertakings in the steel industry (OJ 1986, L 348, p. 1).