29, WHILST HAVING REGARD TO THE FUNDAMENTAL RULES OF ARTICLES 2 AND 3 . IT IS WITHIN THE FRAMEWORK OF THESE PRINCIPLES THAT THE DISCRETIONARY POWER GRANTED TO THE COMMISSION BY ARTICLE 25 MUST BE EXERCISED .
TAKEN AS A WHOLE, THIS ARTICLE IMPLIES THAT THE COMMISSION HAS A DUTY TO EVALUATE THE STATE OF THE MARKET FOR THE PRODUCTS CONCERNED AND THE DIFFICULTIES ENCOUNTERED IN CONNECTION WITH SUPPLYING THE DEMANDS OF THE MEMBER STATE WHICH HAS MADE THE REQUEST FOR ARTICLE 25 ( 3 ) TO BE APPLIED . IT MUST, IN ADDITION, ASCERTAIN WHETHER THE SPECIAL PRECONDITION OF THAT PROVISION HAS BEEN SATISFIED, ACCORDING TO WHICH THE COMMISSION HAS A DUTY TO CONSIDER THE NATURE OF ANY DISTURBANCE, ITS SERIOUSNESS AND ITS LIKELIHOOD . FINALLY, HAVING FOUND THAT THE SAID ARTICLE 25 ( 3 ) IS APPLICABLE, THE COMMISSION, GUIDED BY THE PRINCIPLES MENTIONED ABOVE, AND BY THE CRITERIA LAID DOWN IN ARTICLE 29, 'MAY' STILL EVALUATE THE EXPEDIENCY AND AMOUNT OF ANY QUOTA .
IT FOLLOWS, THEREFORE, FROM THE WORDING AND THE GENERAL SCHEME OF ARTICLE 25, THAT THE COMMISSION'S DISCRETIONARY POWER, WHICH IT EXERCISES INDEPENDENTLY WITHIN THE LIMITS LAID DOWN BY THE TREATY AND SUBJECT TO REVIEW BY THE COURT, IS IN NO WAY FETTERED .
ALTHOUGH IT APPEARS THAT THESE RULES HAVE NOT BEEN DISREGARDED, THE APPLICANT ON THE OTHER HAND RIGHTLY SUBMITS THAT THE STATEMENT OF REASONS FOR THE DECISION IS DEFICIENT AND THAT THEREFORE ARTICLE 190 IS CONTRAVENED .
IN IMPOSING UPON THE COMMISSION THE OBLIGATION TO STATE REASONS FOR ITS DECISIONS, ARTICLE 190 IS NOT TAKING MERE FORMAL CONSIDERATIONS INTO ACCOUNT BUT SEEKS TO GIVE AN OPPORTUNITY TO THE PARTIES OF DEFENDING THEIR RIGHTS, TO THE COURT OF EXERCISING ITS SUPERVISORY FUNCTIONS AND TO MEMBER STATES AND TO ALL INTERESTED NATIONALS OF ASCERTAINING THE CIRCUMSTANCES IN WHICH THE COMMISSION HAS APPLIED THE TREATY . TO ATTAIN THESE OBJECTIVES, IT IS SUFFICIENT FOR THE DECISION TO SET OUT, IN A CONCISE BUT CLEAR AND RELEVANT MANNER, THE PRINCIPAL ISSUES OF LAW AND OF FACT UPON WHICH IT IS BASED AND WHICH ARE NECESSARY IN ORDER THAT THE REASONING WHICH HAS LED THE COMMISSION TO ITS DECISION MAY BE UNDERSTOOD . APART FROM GENERAL CONSIDERATIONS, WHICH APPLY WITHOUT DISTINCTION TO OTHER CASES, OR WHICH ARE CONFINED TO REPEATING THE WORDING OF THE TREATY, THE COMMISSION HAS BEEN CONTENT TO RELY UPON 'THE INFORMATION COLLECTED', WITHOUT SPECIFYING ANY OF IT, IN ORDER TO REACH A CONCLUSION 'THAT THE PRODUCTION OF THE WINES IN QUESTION IS AMPLY SUFFICIENT '.
THIS ELLIPTICAL REASONING IS ALL THE MORE OBJECTIONABLE BECAUSE THE COMMISSION GAVE NO INDICATION, AS IT DID BELATEDLY BEFORE THE COURT, OF THE EVOLUTION AND SIZE OF THE SURPLUSES, BUT ONLY REPEATED, WITHOUT EXPANDING THE REASONS FOR IT, THE SAME STATEMENT 'THAT THERE WAS NO INDICATION THAT THE EXISTING MARKET SITUATION WITHIN THE COMMUNITY DID NOT ALLOW THESE BRANCHES OF THE INDUSTRY IN THE GERMAN FEDERAL REPUBLIC A SUPPLY WHICH IS ADEQUATE IN QUANTITY AND IN QUALITY