Keywords
Summary

Keywords

1 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - EXTENT

( EEC TREATY , ARTS 190 AND 214 )

2 . AID GRANTED BY THE MEMBER STATES - COMMISSION DECISION THAT AID IS INCOMPATIBLE WITH THE COMMON MARKET - DUTY TO PROVIDE A STATEMENT OF REASONS - NECESSARY INFORMATION

( EEC TREATY , ARTS 92 , 93 AND 190 )

3 . MEASURES ADOPTED BY THE INSTITUTIONS - INDIVIDUAL DECISION - PUBLICATION - PRESERVATION OF PROFESSIONAL SECRECY - FACTS COVERED BY PROFESSIONAL SECRECY EXCLUDED FROM PUBLICATION

( EEC TREATY , ARTS 191 AND 214 )

Summary

1 . THE STATEMENT OF REASONS FOR A DECISION ADVERSELY AFFECTING AN UNDERTAKING MUST BE SUCH AS TO ALLOW THE COURT TO REVIEW ITS LEGALITY AND TO PROVIDE THE UNDERTAKING CONCERNED WITH THE INFORMATION NECESSARY TO ENABLE IT TO ASCERTAIN WHETHER OR NOT THE DECISION IS WELL-FOUNDED . THE REQUIREMENTS TO BE SATISFIED BY THE STATEMENT OF REASONS DEPEND ON THE CIRCUMSTANCES OF EACH CASE , IN PARTICULAR THE CONTENT OF THE MEASURE IN QUESTION , THE NATURE OF THE REASONS GIVEN AND THE NEED FOR INFORMATION OF THE UNDERTAKINGS TO WHOM THE MEASURE IS ADDRESSED OR OF OTHER PARTIES TO WHOM IT IS OF DIRECT AND INDIVIDUAL CONCERN WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY . THOSE REQUIREMENTS CANNOT BE DEPRIVED OF THEIR ESSENTIAL CONTENT BY A WIDE INTERPRETATION OF THE DUTY LAID DOWN IN ARTICLE 214 OF THE TREATY TO PRESERVE PROFESSIONAL SECRECY .

2 . EVEN IF IN CERTAIN CASES THE VERY CIRCUMSTANCES IN WHICH AID IS GRANTED ARE SUFFICIENT TO SHOW THAT THE AID IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES AND OF DISTORTING OR THREATENING TO DISTORT COMPETITION , THE COMMISSION MUST AT LEAST SET OUT THOSE CIRCUMSTANCES IN THE STATEMENT OF REASONS FOR ITS DECISION . A DECISION WHICH DOES NOT CONTAIN INFORMATION CONCERNING THE SITUATION OF THE RELEVANT MARKET , THE PLACE OF THE UNDERTAKING RECEIVING THE AID IN THAT MARKET , THE PATTERN OF TRADE BETWEEN MEMBER STATES IN THE PRODUCTS IN QUESTION AND THE UNDERTAKING ' S EXPORTS DOES NOT SATISFY THE REQUIREMENT OF A STATEMENT OF REASONS .

THE COMMISSION IS ALSO OBLIGED , WHERE IT INTENDS TO ALLOW A MEMBER STATE SOME LATITUDE IN DECIDING WHAT MEASURES ARE TO BE TAKEN TO BRING TO AN END A BREACH OF COMMUNITY LAW CONSISTING OF THE GRANT OF AID CONTRARY TO THE RULES OF THE TREATY , TO INCLUDE IN ITS DECISION THE INFORMATION NECESSARY TO INDICATE WHAT MEASURES MIGHT BE CONSIDERED APPROPRIATE .

3 . IN ORDER TO COMPLY WITH THE DUTY LAID DOWN IN ARTICLE 214 OF THE TREATY TO PRESERVE PROFESSIONAL SECRECY , THE COMMISSION MAY EXCLUDE FROM PUBLICATION OF AN INDIVIDUAL DECISION IN THE OFFICIAL JOURNAL THOSE FACTS WHICH IT CONSIDERS TO BE COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY .