Opinion of Mr Advocate General Mischo delivered on 5 February 1987 Mr President, Members of the Court,

1 Translated from the French.

2 Commission Decision No 234/84/ECSC of 31 January 1984 on the extension of the system of monitoring and production quotas for certain products of undertakings in the steel industry (OJ 1984, L 29, p. 1).

3 OJ C 347, 31.12.1985, p. 1.

4 Case 8/83 Bertolt v Commiiiion [1984] ECR 1649, in particular paragraphs 24 to 26.

5 Commission Decision No 2760/85/ECSC of 30 September 1985 amending Decision No 234/84/ECSC (OJ 1985, L 260, p. 7).

6 See, for example, the judgment of 11 December 1980 in Case 1252/79 Luobini v Commission [1980] ECR 3753, paragraph 14.

7 See, for example, the judgment of 10 December 1986 in Case 41/85 Sideradria v Commission [1986] ECR 3917, paragraphs 5 and 10.

8 Commission Decision No 2177/83/ECSC of 28 July 1983 on the extension of the system of monitoring and production quotas for. certain products of undertakings in the steel industry (OJ 1983, L 208, p. 1).

9 Case 188/82 Tbyilcnv Commiuion [1983] ECR 3721.

10 Judgment of 10 December 1986, [1986] ECR 3917.

11 Let me point out, incidentally, that the Commission's failure to reply to an application for adjustment can be treated only as an implied decision of refusal and not as tacit consent to the adjustment (cf. judgment of 16 February 1984 in Case 76/83 Boil v Commission [1984] ECR 859, paragraph 11).

12 See the judgment in Case 188/82 Thyssen v Commission [1983] ECR 3721, paragraph 10.

13 See the judgment in Case 8/83 Btrtolii Commission [1984] ECR 1649, paragraph 21.

14 Case 66/84 Ferriere di Borgaro SpA v Commission, [1985] ECR 927.

15 That ground justified a reduction in the fine in the judgment of 21 March 1985 in Case 66/84 Ferriere di Borgaro SpA v Commission [1985] ECR 927, paragraphs 21 to 23.

16 Case 179/82 Luabiniv Commission [1983] ECR 3083.

17 See also the judgment of 14 Febniary 1984 in Case 2/83 Alftrv Commission [1984] ECR 799, paragraph 12.