IS NEITHER DEFINED NOR LIMITED BY THAT PARAGRAPH, IT MUST BE ACCEPTED THAT, IF THE UNDERTAKINGS CONSIDER THAT THE ACTIVITIES OF THE OFFICIALS OF THE HIGH AUTHORITY EXCEED EITHER THEIR TERMS OF REFERENCE OR THE JURISDICTION OF THE COMMUNITY, THEY MAY REQUEST THAT NO INFORMATION BE GATHERED OR CHECKS BE MADE BEFORE A DECISION IS ADOPTED IN FAVOUR OF ONE OF THE DIFFERING POINTS OF VIEW .
FURTHERMORE, IN THIS INSTANCE THE HIGH AUTHORITY ACTED IN ACCORDANCE WITH THESE PRINCIPLES BY SPECIFYING IN THE CONTESTED DECISION THE APPLICANT'S DUTY TO PROVIDE THE INFORMATION AND TO ALLOW THE CHECKS TO BE MADE AS SOON AS THE DISPUTE AROSE AS TO THE EXTENT OF THE POWERS OF ITS OFFICIALS .
THEREFORE, TO DEFINE THE GENERAL SCHEME AND THE EXACT SCOPE OF THE FIRST PARAGRAPH OF ARTICLE 47 THERE IS ABSOLUTELY NO NEED TO RESORT TO THE PROVISIONS OF THE FOURTH PARAGRAPH OF ARTICLE 86 OF THE TREATY, THE AIM OF WHICH IS NO WAY TO DEFINE THE EXTENT OF THE POWER TO OBTAIN INFORMATION AND TO MAKE CHECKS BUT SOLELY TO MAKE AVAILABLE TO THE HIGH AUTHORITY THE COMPULSORY POWERS AFFORDED BY NATIONAL REVENUE LAWS FOR THE DIRECT AND COMPULSORY EXECUTION BY ITS OWN OFFICIALS OF INSPECTIONS CAPABLE OF AFFECTING THE AREA OF INDIVIDUAL LIBERTY AND OF DEPARTING FROM THE PRINCIPLE OF THE INVIOLABILITY OF PRIVATE PREMISES .
IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THERE IS NOTHING IN THE LETTER, SPIRIT OR AIM OF THE FIRST PARAGRAPH OF ARTICLE 47 TO PROHIBIT INFORMATION BEING OBTAINED AND A CHECK BEING MADE AT THE SAME TIME .
THERE HAS THUS BEEN NO INFRINGEMENT OF ARTICLE 47 AND THE APPLICANT CANNOT SUCCEED IN HIS CLAIM THAT THE INFORMATION MUST BE OBTAINED AND THE CHECK MADE IN TWO DISTINCT AND SUCCESSIVE STAGES ACCORDING TO AN ORDER OF PRIORITY WHICH IS NOT LAID DOWN IN THE TEXT, PROVIDED OF COURSE THAT IT IS NECESSARY FOR THE CHECKS TO BE MADE .
4 . AFTER THIS DEFINITION OF THE LEGAL BASIS FOR THE DECISION IN QUESTION IT IS APPROPRIATE TO EXAMINE THE FIRST GROUND OF COMPLAINT, IN WHICH THE APPLICANT CLAIMS THAT THE DECISION IS IMPRECISE AND LACKS DEFINITE SUBJECT-MATTER SINCE THE FIRST PARAGRAPH OF ARTICLE 47 REQUIRES THE HIGH AUTHORITY TO GIVE A PRIOR AND PRECISE INDICATION OF THE FACTS TO WHICH THE CHECKS APPLY AND NOT ONLY OF THE PURPOSE FOR WHICH THEY ARE INTENDED .
THE HIGH AUTHORITY MUST OF COURSE GIVE REASONS FOR ITS DECISION AND IN THE ABSENCE OF ANY LEGAL GROUNDS FOR IT, THE TERMS OF THE TREATY ARE INFRINGED . HOWEVER, AS THE COURT HAS JUST HELD, CHECKS CARRIED OUT BY THE HIGH AUTHORITY WHEN OBTAINING INFORMATION MAY GUIDE ITS INQUIRIES AND THE SUBJECT-MATTER OF SUCH INQUIRIES COULD NOT BE DEFINED IN DETAIL IN THE STATEMENT OF REASONS .
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FURTHERMORE, THE NEED FOR INFORMATION REQUIRED BY THE HIGH AUTHORITY MUST EMERGE FROM THE DECISION WITH CERTAINTY .
IN VIEW OF THIS IT IS ONLY THE OBJECT IN