1 . COMMUNITY LAW - INFRINGEMENT BY PRIVATE PERSONS - JUSTIFYING GROUNDS - WRONGFUL ACT BY THE COMMISSION - NO EFFECT
2 . COMMUNITY LAW - GENERAL PRINCIPLES - PROTECTION OF LEGITIMATE EXPECTATIONS - CONDITIONS - UNDERTAKING BY COMMISSION OFFICIALS NOT TO APPLY COMMUNITY LAW - SITUATION NOT GIVING RISE TO A LEGITIMATE EXPECTATION
3 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS - PRODUCTION IN EXCESS OF QUOTAS - JUSTIFYING GROUNDS - STATE OF NECESSITY OF A THIRD PARTY - NO EFFECT
( ECSC TREATY , ART . 58 )
4 . ECSC - PRODUCTION - SYSTEM OF STEEL PRODUCTION QUOTAS - PRODUCTION IN EXCESS OF QUOTAS - FIXING OF A FINE - POWERS OF THE COMMISSION - SCOPE
( ECSC TREATY , ART . 58 ( 4 ); COMMISSION DECISION NO 2794/80/ECSC , ART . 9 )
1 . A WRONGFUL ACT ON THE PART OF A COMMUNITY INSTITUTION CANNOT JUSTIFY AN INFRINGEMENT OF COMMUNITY LAW BY AN UNDERTAKING , REGARDLESS OF THE ECONOMIC JUSTIFICATION RELIED UPON BY THE LATTER .
2 . NO OFFICIAL OF A COMMUNITY INSTITUTION CAN GIVE A VALID UNDERTAKING NOT TO APPLY COMMUNITY LAW AND NO LEGITIMATE EXPECTATION CAN BE AROUSED BY SUCH AN UNDERTAKING .
3 . AN UNDERTAKING CANNOT RELY ON THE ALLEGED NECESSITY OF A THIRD PARTY IN ORDER TO JUSTIFY ITS FAILURE TO COMPLY WITH THE OBLIGATIONS INCUMBENT UPON IT UNDER A SYSTEM OF PRODUCTION QUOTAS .
4 . ARTICLE 9 OF DECISION NO 2974/80 , AS INTERPRETED IN THE LIGHT OF ARTICLE 58 ( 4 ) OF THE ECSC TREATY , WHICH MERELY REFERS TO FINES ' ' NOT EXCEEDING THE VALUE ' ' OF THE EXCESS PRODUCTION , AND IN THE LIGHT OF THE TERM ' ' GENERALLY ' ' CONTAINED IN ARTICLE 9 ITSELF , IN NO WAY PRECLUDES THE COMMISSION FROM MODIFYING THE AMOUNT OF THE FINES , HAVING REGARD TO THE CIRCUMSTANCES OF THE INFRINGEMENT .