C-351/85

FABRIQUE DE FER DE CHARLEROI v COMMISSION

OPINION OF MR ADVOCATE GENERAL DA CRUZ VILAÇA delivered òn 4 February 1987 *

Mr President, directed equally against Article 14 C of Members of the Court, Commission Decision No 3485/85/ECSC 3 of 17 November 1985 which extended the system of monitoring and production quotas 1. Two steel undertakings — one Belgian, for a further two years. Article 14 C corres­ Fabrique de fer de Charleroi SA, and the ponds to Article 14 D of Decision No other German, Dillinger Hüttenwerke AG 2760/85/ECSC, except for the third — seek the annulment of Commission condition of Article 14 D which was Decision No 2760/85/ECSC of 30 repealed. September 1985, ' which inserted Article 14 D in Decision No 234/84/ECSC of 31 January 1984 on the extension of the system of monitoring and production quotas for 7. According to the applicants, the certain products of undertakings in the steel Commission has merely maintained or 2 industry. confirmed the system established by the former Article 14 D, whilst mitigating the 2. Article 14 D provides as follows: conditions for its application in a manner which is likely to create even more serious distortions of competition to the detriment 'The Commission may grant additional of traders who are discriminated against, in supplementary quotas up to a maximum of so far as it no longer excludes the allocation 25 000 tonnes per quarter to an under­ of a supplementary quota where the under­ taking: taking concerned has received aid, two factors that were previously regarded as 3. (i) which is the sole undertaking in the incompatible. country in which it is situated;

10. For my part, I am in favour of No 1243/85/ECSC and No 2760/85/ accepting the applicants' request. ECSC, was adopted with a view to permitting supplements to the production quota, and to that part of the quota which 11. Although it relates to an individual may be delivered in the common market, to decision, I believe that the precedent estab­ be granted when undertakings experience lished by the judgment in Alpha Steel· exceptional difficulties due to the level of constitutes an expression of the general the quarterly abatement rate set for certain principles of the proper administration of categories of products. Article 14 itself laid justice and of the rationalization of the down the criteria for fixing supplements of proceedings, which are also applicable in that kind. this case. It would be contrary to those prin­ ciples to oblige the applicants to make a fresh application against a provision which, adopted in the course of the proceedings, replaced the provision previously in force, 14. However, the Commission has taken whilst maintaining in substance the same the view, on a number of occasions, that system and entailing merely an adjustment those criteria do not permit account to be or a strengthening of the arguments put taken in all cases of the specific circum­ forward initially. stances of undertakings affected by the quota system so as to enable them to overcome the exceptional difficulties B — The contested decisions viewed in resulting therefrom or, in any event, to connection with the quota system achieve more successfully the objectives of that system in specific cases which may 12. In view of the crisis in the steel arise. That is why a number of additions industry, which became acute from 1975 were subsequently made to Article 14 of onwards, the Commission took action, at Decision No 234/84/ECSC, including first indirectly, to combat the effects of Article 14 D which laid down the new structural overcapacity of production. criteria permitting, under the conditions Accordingly, between July 1977 and June established by that provision, the grant of a 1980 delivery programmes were established quota supplement over and above the which the undertakings were requested to additional quota. As we know, Decision No apply. However, that indirect action proved 3485/85/ECSC repealed one of the to be inadequate and, for that reason, conditions laid down by Article 14 D for the Commission adopted Decision No the grant of a supplementary quota. 2794/80/ECSC of 31 October 1980, pursuant to Articles 47 and 58 of the ECSC Treaty, which established a system of production quotas as from 31 October 1980. C — Nature of the contested decisions and The quota system has been extended and admissibility of the applications amended on several occasions, in particular by Decision No 234/84/ECSC and, more recently, by Decision No 3485/85/ECSC.

23. In the first place, it is necessary — but 17. Under the system established by the also sufficient — for the applicants to claim ECSC Treaty, the conditions for the formally that there has been a misuse of admissibility of applications for annulment powers and to rely on cogent grounds in lodged by legal persons against Commission support of that claim which will have to be decisions — which differ from the established only when the substance of the conditions of admissibility laid down by the case is considered. 6 second paragraph of Article 173 of the EEC Treaty — vary according to whether the decisions challenged are general decisions or 24. Secondly, the misuse of powers must individual decisions. affect the applicants. In my view, the Court's interpretation of that requirement is suffi­ ciently broad: there does not have to be a 18. As is well known, only undertakings 'false' general decision which deliberately and associations may submit applications of conceals an individual decision and that kind. applications against general decisions in the true sense are admissible where the applicant is the subject or at any rate the 19. However, they may challenge only indi­ victim of the misuse of powers alleged. 7 vidual decisions (and recommendations) concerning them or general decisions (and recommendations) which they consider to 25. The Court's recent judgments in Joined involve a misuse of powers affecting them Cases 140, 146, 221 and 226/82 8and in (second paragraph of Article 33 of the Case 250/83, 9 in which the applications ECSC Treaty). 5 — Judgment of 23 April 1956 in Joined Cases 7 and 9/54 Groupement des industries sidérurgiques luxembourgeoises v High Authority [1954-56] ECR 175, at p. 192; judgment of 15 July I960 in Joined Cases 24 and 34/58 Chambre 20. The Court has already clarified the syndicate de la sidérurgie de l'Est de la France v High conditions in which those requirements may Authority [1960] ECR 281, at p. 292; judgment of 23 February 1961 in Case 30/59 De Gezamenlijke Steenkolen- be regarded as satisfied. mijnen in Limburg v High Authority [1961], ECR 1, at pp. 16 and 17. 6 — Judgment of U February 1955 in Case 3/54 Assideri High Authority [1954-56] ECR 63, at p. 69; judgment of 16 July 21. So far as individual decisions are 1956 in Case 8/55 Fédération charbonnière de Belgique (Fédéchar) v High Authority [1954-56]ECR 245, at p. 257. concerned, they need not be addressed to 7 — Fédéchar, supra, at p. 257; however, for a somewhat more the applicant; it is sufficient if, though restrictive formulation, see the judgment of 9 June 1964 in Joined Cases 55 to 59 and 61 to 63/63 Ferriere di Modena addressed to another person, they affect the and Others v High Authority [1964] ECR 211, at p. 228. interests of the applicant ('concerning 8 — Judgment of 21 February 1984 Walzltahl-Vereinigung and them') in such a way as to enable him to Thyssen v Commission [1984] ECR 951, at pp. 982 to 984. 9 — Judgment of 15 January 1983 in Case 250/83 Finsider v show that he has a real interest in the Commission [1981] ECR 131, at pp. 150 and 151.

28. The Commission therefore attempted, 32. According to the applicants, even if the according to the applicants, to resolve a measure in question is regarded not as a particular case under cover of a decision disguised individual decision but as a couched in general and abstract terms. general decision, the provisions under consideration are still vitiated by a misuse of powers. 29. Proof of this is said to lie in the fact that DDS is the only undertaking in a position to benefit from the allocation of the 33. The applicants maintain that, in supplementary quota provided for in Article substance, by referring to an undertaking 14 D / C . There are other Member States of 'which is the sole steel undertaking in the the Community which have only one steel country in which it is situated' for the undertaking, but none of those undertakings purposes of guaranteeing 'supply as far as fulfils the other necessary requirements. The steel products are concerned', the Commission confers on a Member State the 10 — Judgments referred to in footnote 7, supra, at pp. 256, 227 and 228 respectively. right to ensure that it is supplied by a

FABRIQUE DE FER DE CHARLEROI v COMMISSION

37. However, there is a small but significant set of circumstances which brings the 44. However, the Court has already 2 contested decisions 'dangerously' close to emphasized, on various occasions, 1 that being in the nature of individual decisions adopted in order to resolve the case of the 12 — Judgment of II July 1968 in Case 6/68 Zuckerfabrik Watenstedtv Council [1968] ECR 409, at p. 415; judgment Danish undertaking DDS. of 5 May 1977 in Case 101/76 Koninklijke Scholten Honig v Council and Commission [1977] ECR 797, at p. 808; judgment of 17 June 1980 in Joined Cases 789 and 790/79 11 — Sec the preamble to Decision No 2760/85/ECSC. Calpak vCommission [1980] ECR 1949, at p. 1959.

OPINION OF MR DU CRUZ VILAÇA —JOINED CASES 351 AND 360/85

51. In the first case, as the applicant maintains, the increase in the total tonnage 46. If the view is taken that those measures to be allocated amongst the undertakings in fact constitute general decisions in the does not preclude its being necessary, true sense, as the Commission maintains, pursuant to the contested decision, to that should not preclude them from being deduct 25 000 tonnes from that total, which challengeable on the basis of a misuse of are reserved to DDS. powers, as provided for by the second paragraph of Article 33 of the ECSC Treaty, where they have not been adopted 52. In the second case, even if the for a lawful purpose. Commission wished to take action by means of the abatement rates in order to offset the fall in prices, all the other undertakings, 47. From that point of view, I consider that including the applicant, would have to bear the applicants have relied on cogent, or the consequences of more serious cuts in plausible, grounds in support of their alle­ production. gation that the contested decisions involve a misuse of powers and therefore satisfy one of the requirements laid down by the second 53. For its part, the applicant in Case paragraph of Article 33 for an application to 360/85 also claims that its position on the be admissible. market places it in direct competition with DDS, with the result that its sales possi­ bilities are directly and substantially affected by the grant of a special quota to that 48. The requirement that there must be a undertaking. misuse of powers concerning them remains to be considered. 54. In 1984, according to the applicant, DDS's production amounted to approxi­ 49. The applicant in Case 351/85 claims to mately 460 000 tonnes, of which 310 000 be in direct competition with DDS, the sole tonnes — that is to say approximately beneficiary of the contested decisions, since two-thirds of the total — consisted of it produces the steel falling within Category reversing-mill plates (falling within

56. Since, out of a total production of 62. Those consequences are all the more 310 000 tonnes of reversing-mill plates, unfortunate as the coefficient relating to the approximately 257 000 tonnes were utilization of the applicant's production exported in 1984, it is permissible, according capacity for Category II was — the to the applicant, to start from the premise applicant maintains — only 26.4% in 1984, that the supplementary quantity of 100 000 as against 51.2% in the case of DDS, and it tonnes per year from which DDS ultimately must be borne in mind that, with the allo­ benefited was sold largely in other Member cation of the supplementary quota, that rate States of the Community. could exceed 60% in the case of DDS, as against 26 % in the case of the applicant. 57. The applicant concludes that, as a result, employment and marketing oppor­ 63. Notwithstanding the circumstances tunities for competing undertakings are alleged by the applicants, it is doubtful reduced. whether they satisfy in this case the requirement ¡aid down at the end of the second paragraph of Article 33 of the ECSC 58. The applicant also maintains that this 13 Treaty. fact is particularly striking if the specific features of the quota system are borne in mind. 64. Moreover, the applicants argued their case by reference to the relationship between their own position and the 59. Dillinger Hüttenwerke maintains that particular circumstances of DDS, as if an the Commission fixes the abatement rates individual decision had been addressed to for production on the basis of the volume of DDS. demand, and attempts to adjust the level of supply accordingly. In order to ensure that 65. In my view, however, it is possible to the grant of additional quotas to under­ come to an affirmative conclusion, in the takings confronted with 'exceptional diffi­ light of the more recent case-law of the culties', within the meaning of Article 14, Court which is cited above (see footnotes 7, does not upset the market balance, Article 8 and 9). 9a of Decision No 234/84/ECSC (and Article 9 of Decision No 3485/85/ECSC) provides for the creation of a reserve not 66. In the first place, the reference to the exceeding 3 % of overall steel demand, specific situation created by the allocation which is to be set up each quarter at the of supplementary quotas to DDS constitutes time when the abatement rates are set. a good illustration of the manner in which the general decisions, allegedly vitiated by a misuse of powers, may affect the applicants. 60. According to the applicant, who has not been contradicted on this point by the 13 — Sec lhe Opinion of Mr Advocate General Lenz in Finisider Commission, Article 9 does not apply to the [1985] ECR 132, at p. 137.

68. Support for the conclusion that the 73. (b) In the first place, it is necessary to applications are admissible is to be found in 14 identify clearly the contested measure which the English and Portuguese versions of is alleged to be vitiated by a misuse of the ECSC Treaty which, in my view, are powers. particularly eloquent inasmuch as the terms used at the end of the second paragraph of Article 33 are 'affecting them' and 'que as 74. It is clear that the measures challenged afecte' respectively, corresponding to the by the applicants are Commission Decisions French expression 'à leur égard' and the No 2760/85/ECSC and No 3485/85/ECSC Italian expression 'in loro riguardo'. (Article 14 C) and not just any individual measure implementing those decisions which allocates supplementary quotas to a particular undertaking. 69. Since the conditions laid down in the second paragraph of Article 33 for an application to be admissible may thus be 75. That is how the subject-matter of the regarded as satisfied, I now turn to the action was defined by the applicants in their substance of the case. respective applications, and the arguments concerning the reasons on which those indi­ vidual measures are based are therefore not valid except in so far as they may contribute D — Substance towards the examination of the question whether the contested decisions involve a misuse of powers. 70. (a) A misuse of powers arises where there is a divergence between the aim 15 — Reference to those two conceptions of a misuse of powers pursued by the legislature in conferring on a are to be found in the case-law of the Court. See, for the first (traditional) meaning, the judgment of 12 June 1958 in body or institution the powers needed for Case 2/57 Hauti fourneaux de Chasse v High Authority the adoption of a measure and the aim [1958] ECR 119, at p. 207; see also the judgment of 18 March 1980 in Joined Cases 154, 205, 206, 226 to 228, 263 pursued by that body or institution in and 264/78, 39, 31, 83 and 85/79 Valsabbia v Commission [1980] ECR 907, at p. 1020, paragraph 130 of the decision. For misuse of powers in the objective sense see, 14 — Diaro da República, Series I, No 215, 2nd Supplement, 18 for instance, Fédéchar [1954-56] ECR 292, at pp. 302 and September 1985. 303.

76. (c) Those decisions were adopted in the 82. That is summarized in Article 2 which exercise of the powers conferred on the provides that 'through the establishment of Commission by the ECSC Treaty, in a common market' and having regard to the particular Article 58 thereof. ultimate or long-term objective of 'economic expansion', 'growth of employment' and 'a rising standard of 77. The wording of that provision does not living', the European Coal and Steel reveal clearly and unequivocally the entire Community 'shall progressively bring about range of objectives pursued by the authors conditions which will of themselves ensure of the Treaty in making provision for the most rational distribution of production recourse to the quota system. at the highest possible level of productivity, while safeguarding continuity of employment and taking care not to provoke 78. However, certain specific indications fundamental and persistent disturbances in may be derived from its wording. Further, the economies of Member States'. the reference to 'the principles set out in Articles 2, 3 and 4' constitutes a funda­ mental guideline. Finally, the Court has specified in its case-law which objectives of 83. Article 3 sets out in detail those the quota system must find expression in the objectives and the action which is designed rules applicable thereto. to contribute to their attainment. Article 4 clarifies the requirements of the common 79. Some of the objectives pursued by market in coal and steel. Article 58 of the ECSC Treaty are clearly apparent from its wording. A system of production quotas is established where the indirect means of action are not sufficient to 84. The aforesaid provisions also contain a overcome 'a period of manifest crisis' series of disparate aims which, as the Court 16 resulting from 'a decline in demand' (Article emphasized in its judgment in Klöckner, 58 (1)). The quotas are determined 'on an 'must constantly be reconciled with one equitable basis, taking account of the prin­ another depending on the economic circum­ ciples set out in Articles 2, 3 and 4' and, in stances and therefore priority may not be particular, of the concern 'to maintain given to one of those aims to the detriment 17 employment' in undertakings 'whose rate of of the others' . production has fallen below that envisaged' (Article 58 (2)).

90. In the grounds of its judgment in 21 86. Particularly acute problems- of recon Finsider, the Court provides further clari ciling different objectives arise when the fication by stating that both Decision No Community institutions have to apply the 2177/83/ECSC extending the quota system, principles in question during a serious crisis which was in force at the time, and and accordingly set in motion the Decision No 2320/81/ECSC establishing 18 machinery provided for in Article 58. Community rules for aids to the steel industry, pursued 'a common aim, namely to promote the restructuring needed to

Similarly, the Court has already defined 2177/83/ECSC, namely Decisions No on a number of occasions the specific 234/84/ECSC and No 3485/85/ECSC. objectives of that 'legalized crisis'. 92. Clearly, market trends with regard to iron and steel products called for 89. As the Court stated in Klöckner, 19 adjustments to be made to the rules in force. restrictive measures adopted in order to 'improve market conditions' must 'enable 93. However, Decision No 234/84/ECSC the profitability of undertakings to be main was adopted in connection with the tained or restored in the long term and 'persistence of the manifest crisis', which thereby enable the jobs which depend on it made it advisable, according to the to be preserved as far as possible'. The Commission, 'that the present system should Court went on to state that Article 58 'does be maintained without substantial not in any way require the Commission to amendments'. According to the preamble to guarantee each individual undertaking a that decision, the capacity utilization rate minimum level of production determined in was still extremely low and 'the substantial accordance with the undertaking's own overcapacity of production facilities remains criteria of profitability and development. a heavy burden on the whole of the The aim of Article 58 is to spread in the industry'. Worldwide, there was still the most equitable manner possible amongst all same marked imbalance between supply and undertakings the reductions required by the demand and the market remained economic situation and not to guarantee depressed. undertakings a minimum level of

FABRIQUE DE FER DE CHARLEROI v COMMISSION

further restrictive measures in order to 1(d) and V) from the quota system, with a reinforce the discipline of the undertakings'. view to reverting to the operation of normal market forces.

95. As for Decision No 3485/85/ECSC, it was clear from the preamble thereto that the 101. However, there were persistent diffi­ situation on the Community steel market culties with regard to the other products, had improved appreciably since the start of including reversing-mill plates falling within 1984, both in terms of production and as Category II. regards the financial position of the steel undertakings. 102. In those circumstances, although the long-term objective remains the progressive 96. It had thus been possible to reduce abolition of the quota system, it proved overcapacity while, at the same time, the necessary to extend that system which, as steel industry pressed ahead with plant the Commission stated, 'by and modernization to boost its competitiveness. large ... simply extends the existing rules'. At the same time, there was found to be a lasting increase in the level of steel prices but, on the other hand, as a result of 103. (d) That is the overall context in which previous restructuring, further job losses had the Commission adopted first Decision No occurred. 2760/85/ECSC of 30 September 1985 containing a new Article 14 D, and subsequently an amended version of that 97. However, the world market was still article (Article 14 C) as part of Decision suffering from an imbalance between supply No 3485/85/ECSC of 27 November 1985. and demand, aggravated by import restrictions imposed by the United States of 104. The reasons for the adoption of that America and by the uncertainty resulting measure are set out in the preamble to from sharp fluctuations in the dollar Decision No 2760/85/ECSC. exchange rate.

need to safeguard that 'country's Treaty). The rational distribution of supply of steel products', which, production depends, in the first place, on 'even in a common market, must the distribution of the factors of production, depend to a large extent on this on their productivity and on the prices undertaking'. charged, and secondly on the location of the markets, which, in principle, has nothing to do with the mere fact that an under­ 108. In the light of those objectives, the taking is a country's (or a region's) sole provisions in question make it possible to steel producer. grant an additional quota increase of up to a maximum of 25 000 tonnes per quarter to the undertaking concerned. 113. It is questionable, therefore, whether a measure of that kind is in accord with the fundamental principles of the Common 109. I acknowledge that, at first sight, it is Market, as laid down in Article 3 (a) and not easy to detect, in the statement of the (b) of the ECSC Treaty, in so far as it bases reasons on which those decisions were the allocation of a further supplementary based, any trace of the actual objectives of quota essentially on the guarantee that a the quota system, as I have described them, State's domestic market will be supplied by and in relation to which Article 58 of the an undertaking situated in that State. In a ECSC Treaty confers upon the Commission true common market, the guarantee of the powers it needs to take action. supplies for a market should be transposed from the national to the Community level.

FABRIQUE DE FER DE CHARLEROI v COMMISSION

23 — See, for instance, the judgment of 19 September 1985 in 122. Hence the effect of the contested Joined Cases 63 and 147/84 Finsider vCommission [1985] decisions, albeit to the limited extent of the ECR 2857, at p. 2873, paragraph 31 of the decision. 24 — See Hauls fourneaux de Chasse, supra, at p. 209, and quantities provided for therein, is to redis­ judgment of 21 June 1958 in Case 13/57 Eiten- und tribute production and consequently to alter Stahlindustrie v High Authority [1957-58] ECR 265.

OPINION OF MR DU CRUZ VILAÇA —JOINED CASES 351 AND 360/85

135. However, are the decisions at issue not 141. Does that not count as an important based on any other ground which is capable factor amongst the reasons justifying the of making their legality incontestable? allocation of supplementary quotas?

25 — See Finsider, supra, at p. 152; see also the judgment of 13 July 1962 in Joined Cases 17 and 20/61 Klöckner-Werke v High Authority [1962] ECR 325, at p. 345. 142. I have already acknowledged that that 26 — See Finsider, supra, at p. 152, paragraph 8 of the decision. factor may give rise to certain doubts in the

FABRIQUE DE FER DE CHARLEROI v COMMISSION

light of the principles on which a common 149. As the Commission emphasizes in its market is based. replies, Article 14 D/C, in conjunction with Article 14, is based on grounds of fairness, inasmuch as it seeks to mitigate the 143. However, it also features in the Aids excessive rigidity of the quota system. 27 Code where, in the matter of financial aid to the steel industry, particular importance is attached to the situation of a Member 29 150. As the Court has already stated, the State with only one steel undertaking usefulness and value of such provisions are (Article 2 (3)). undeniable.

144. Any reference to that analogy should, 151. They must be applied in connection however, be made with reservations. The with objective criteria for defining those Aids Code states only that the Commission exceptional difficulties, as is the case of is to take account of that special situation in Article 14 itself, since, where the crisis is assessing applications for aid, without widespread, all the steel undertakings are 30 making it a decisive condition. affected to a greater or lesser extent.

27 — Commission Decision No 2320/81/ECSC of 7 August 29 — See the judgment in Alpha Sled, supra, at p. 767. 1981 (Official Journal 1981, L 228, p. 14). 30 — See the judgment of 11 May 1983 in Joined Cases 303 and 28 — See, for example, the judgment in Valsabbia, supra, at 312/81 Klöckner v Commission [1983] ECR 1507, at pp. p. 909. 1524 and 1525.

OPINION OF MR DU CRUZ VILAÇA — JOINED CASES 351 AND 360/85

lished in large regions of the Community 161. In the light of the foregoing consider­ whose frontiers do not coincide with those ations, however, I am of the opinion that of a Member State. the measures in question are general decisions in the true sense.

160. But I cannot avoid the conclusion that, 165. For that reason, the Court held that if the contested decisions were to be 'the introduction and adjustment of the regarded as individual decisions, they would special relief clause in favour of Greek have to be annulled on account of a misuse undertakings falls within the Commission's 3 of powers. discretion on matters of policy'. 4

31 — See the judgment of 5 May 1966 in Joined Cases 18 and 32 — Judgment of 15 December 1983 in Joined Cases 31, 138 35/65 Gutmann v Commission [1966] ECR 103, at p. 118; and 204/82 Metallurgiki Halyps v Commission [1983] ECR judgment of 29 September 1976 in Case 105/75 Giuffrida v 4193, at pp. 4208 and 4209. Council [1976] ECR 1395, at p. 1403; judgment of 6 March 1979 in Case 92/78 Simmenthal v Commission 33 — See, to the same effect, the judgment of 20 June 1985 in [1979] ECR 777, at p. 811; judgment of 21 February 1984 Queenborougb Rolling Mill, supra, paragraph 11 of the in Joined Cases 140, 146, 221 and 226/82 Wahstahl- decision. Vereinigungv Commission [1984] ECR 951, at p. 986. 34 — See Metallurgiki Halyps, supra, at p. 4211.

FABRIQUE DE FER DE CHARLEROI v COMMISSION

168. In that respect the analogy drawn with 172. Provision for a future emergency of the judgment in Campus Oil is justified; in that kind can be made only in the present, that case, the Court stated that the by preventing the closure of a country's sole restrictive measures under consideration steel undertaking which may be faced with were justifiable, in the interest of public the threat of serious difficulties on the security, in order to guarantee 'a minimum market. supply of petroleum products to the State 35 concerned in the event of a supply crisis' by ensuring 'that its plant will be available in 173. Even in the absence of a serious crisis, 36 the event of a crisis'. a significant change in the economic situation is capable of affecting market conditions to such an extent as to bring 169. In the event of a serious crisis, the those considerations into play. functioning of the common market in steel could be interrupted or seriously jeopardized and it is on the basis of such 174. In those circumstances, and given the eventualities that the concern of the present structure of the Community, it may Member States to ensure secure supplies of not make sense to withhold from the iron and steel products, which are crucial to Community institutions the power to adopt the functioning of a large number of general measures to meet those concerns. sectors, must be assessed.

175. The quota system has functioned as a 170. Accordingly, the availability of a net in which the mesh was tightened in 'strategic shuttlecock' which they can order to close the gaps revealed by the crisis operate in those circumstances normally and created by the system itself. Article 14, as supplemented, acts as a safety net or as 35 — Sec Campus Oil, supra, at p. 2754. an equitable clause which makes it possible 36 — idem, at p. 2755. to mitigate the rigidity of the system.

182. To classify those decisions as individual decisions would, in my view, entail their annulment on account of a misuse of powers.

183. However, I incline to the view that they constitute general decisions and accordingly propose that the Court dismiss the applications as unfounded.

184. In the light of that conclusion, the applicants should be ordered to bear the costs in accordance with Article 69 (2) of the Rules of Procedure.

37 — See Finsider, supra, paragraph 32 of the decision.