PROVISIONS OF THE FOURTH PARAGRAPH OF ARTICLE 47 PROVIDE A SAFEGUARD FOR THE INTERESTS OF THE UNDERTAKINGS, BUT THEY ALSO GIVE THEM A RIGHT TO COMPENSATION FOR ANY DAMAGE WHICH MAY RESULT FROM INDISCRETION ON THE PART OF THE OFFICIALS OF THE HIGH AUTHORITY .
THIS SUBMISSION IS THEREFORE UNFOUNDED .
B - THE INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS
1 . CONTRARY TO THE COMPLAINT MADE BY THE APPLICANT AND ALTHOUGH THE DECISION IS IMPERFECTLY FORMULATED AS REGARDS THE NEED FOR THE REQUEST FOR INFORMATION, SUFFICIENT REASONS ARE GIVEN FOR THE DECISION, SINCE THE MERE REFERENCE TO THE PERFORMANCE OF ITS TASKS BY THE HIGH AUTHORITY IS SUPPLEMENTED BY THE STATEMENT OF THE PURPOSES FOR WHICH THE INFORMATION WAS INTENDED .
2 . FOR THE SAME REASONS IT CANNOT BE HELD THAT INSUFFICIENT REASONS WERE GIVEN FOR THE CHECKS ORDERED TO BE CARRIED OUT .
3 . THE ARGUMENTS PUT FORWARD IN SUPPORT OF THE COMPLAINT THAT THE STATEMENT OF REASONS FOR THE DECISION IS VITIATED ON GROUNDS OF 'ERROR AND INAPPROPRIATENESS' AND THEREFORE INFRINGES ESSENTIAL PROCEDURAL REQUIREMENTS THUS AMOUNT TO THE COMPLAINT OF INFRINGEMENT OF THE TREATY WHICH HAS ALREADY BEEN DISMISSED ABOVE AND THERE IS NO LONGER ANY NEED TO CONSIDER THEM AGAIN IN THIS NEW FORM .
C - MISUSE OF POWERS
THE APPLICANT WRONGLY MAINTAINS THAT THE HIGH AUTHORITY SOUGHT, BY MEANS OF THE CONTESTED DECISION, TO TRANSFORM THE RIGHT TO OBTAIN INFORMATION AND, IN PARTICULAR TO HAVE CHECKS MADE, INTO A PROCEDURE WHICH WAS INQUISITORIAL IN NATURE, IN ORDER TO EXTEND ITS POWERS BEYOND THOSE LAID DOWN BY THE TREATY AND THAT IN THIS WAY IT PURSUED AN AIM WHICH IT WAS NOT ENTITLED TO PURSUE UNDER THE TREATY .
THIS ARGUMENT IS NOT PERTINENT, SINCE IT FAILS TO MAKE CLEAR WHAT OBJECTIVES OUTSIDE THE SCOPE OF THE TREATY THE HIGH AUTHORITY IS ALLEGEDLY TRYING TO ATTAIN . FURTHERMORE, IT IS NOT SUPPORTED BY ANY EVIDENCE AND NO EVIDENCE HAS BEEN OFFERED .
IT MUST THEREFORE BE REJECTED .
Decision on costs
UNDER THE TERMS OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT OF THE EUROPEAN COMMUNITIES THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
IN THIS INSTANCE THE APPLICANT HAS BEEN UNSUCCESSFUL BOTH IN HIS SUBMISSIONS IN THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES AND IN THE MAIN ACTION .
THE APPLICANT MUST THEREFORE BE ORDERED TO PAY THE COSTS OF THE SECTION .
Operative part
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATION AS UNFOUNDED;
2 . ORDERS THE APPLICANT TO PAY THE COSTS OF THE ACTION, INCLUDING THOSE OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES .