Keywords
Summary

Keywords

1 . OBJECTION OF ILLEGALITY - MEASURES THE ILLEGALITY OF WHICH MAY BE PLEADED - INDIVIDUAL DECISIONS - EXCLUSION

( ECSC TREATY , ART . 36 , THIRD PARA .)

2.ECSC - PRODUCTION - STEEL PRODUCTION QUOTA SYSTEM - REQUEST FOR ADJUSTMENT OF QUOTAS - SILENCE OF THE COMMISSION - EFFECTS - TACIT CONSENT - NO

( ECSC TREATY , ART . 58 ; GENERAL DECISION NO 1831/81 , ART . 14 )

Summary

1 . AN APPLICANT MAY NOT , IN AN APPLICATION FOR A DECLARATION THAT AN INDIVIDUAL DECISION IS VOID , RAISE AN OBJECTION OF ILLEGALITY RELATING TO ANOTHER INDIVIDUAL DECISION ADDRESSED TO HIM WHICH HAS BECOME FINAL .

2 . THE SYSTEM OF RESTRICTIONS ON THE PRODUCTION OF STEEL UNDERTAKINGS ALLOWS OF ADJUSTMENTS TO INDIVIDUAL QUOTAS ALLOCATED TO PARTICULAR UNDERTAKINGS ONLY IN EXCEPTIONAL CASES , AND FOR SUCH AN ADJUSTMENT A POSITIVE DECISION GRANTING SUPPLEMENTARY QUOTAS IS INDISPENSABLE . THE COMMISSION ' S FAILURE TO REPLY TO A REQUEST FOR ADJUSTMENT CAN THEREFORE BE TREATED ONLY AS AN IMPLIED DECISION OF REFUSAL AND NOT AS TACIT CONSENT TO AN ADJUSTMENT .