ECSC – production – steel production quotas – transfer of quotas – supervision by the commission – requirements – observance of the quarterly nature of quotas
(ECSC Treaty, art. 58; decision no 2177/83, art. 11(4)*)
although under article 11(4) of decision no 2177/83 undertakings may, after giving prior notice to the commission, make transfers of quotas so as to adjust their production to demand, it is necessary, in order to enable the commission to perform its supervisory function, that it should treat such transfers objectively and independently of individual conditions agreed between undertakings. Consequently, the quota which is transferred must always, irrespective of whether the transfer is by way of sale or under a contract for processing, be credited to the transferee and deducted from the transferor’ s available quota. Since the said provision allows only transfers of quotas relating to the current quarter, any return of quotas during the following quarter cannot affect the quotas available to the two undertakings for the past quarter.
C-350/85,  EUECJ C-350/85
Updated: 22 May 2022; Ref: scu.134268