AND ACCORDING TO THE PROCEDURE PROVIDED FOR , THE RIGHT TO RECEIVE INFORMATION WITHIN THE LIMITS SET BY THE REGULATION AND FINALLY , IF THE COMMISSION DECIDES NOT TO PROCEED WITH THE COMPLAINT , THE RIGHT TO RECEIVE INFORMATION COMPRISING AT THE LEAST THE EXPLANATIONS GUARANTEED BY ARTICLE 9 ( 2 ) OF THE REGULATION .
29 FURTHERMORE IT MUST BE ACKNOWLEDGED THAT , IN THE SPIRIT OF THE PRINCIPLES WHICH LIE BEHIND ARTICLES 164 AND 173 OF THE TREATY , COMPLAINANTS HAVE THE RIGHT TO AVAIL THEMSELVES , WITH REGARD BOTH TO THE ASSESSMENT OF THE FACTS AND TO THE ADOPTION OF THE PROTECTIVE MEASURES PROVIDED FOR BY THE REGULATION , OF A REVIEW BY THE COURT APPROPRIATE TO THE NATURE OF THE POWERS RESERVED TO THE COMMUNITY INSTITUTIONS ON THE SUBJECT .
30 IF FOLLOWS THAT COMPLAINANTS MAY NOT BE REFUSED THE RIGHT TO PUT BEFORE THE COURT ANY MATTERS WHICH WOULD FACILITATE A REVIEW AS TO WHETHER THE COMMISSION HAS OBSERVED THE PROCEDURAL GUARANTEES GRANTED TO COMPLAINANTS BY REGULATION NO 3017/79 AND WHETHER OR NOT IT HAS COMMITTED MANIFEST ERRORS IN ITS ASSESSMENT OF THE FACTS , HAS OMITTED TO TAKE INTO CONSIDERATION ANY ESSENTIAL MATTERS OF SUCH A NATURE AS TO GIVE RISE TO A BELIEF IN THE EXISTENCE OF SUBSIDIZATION OR HAS BASED THE REASONS FOR ITS DECISION ON CONSIDERATIONS AMOUNTING TO A MISUSE OF POWERS . IN THAT RESPECT , THE COURT IS REQUIRED TO EXERCISE ITS NORMAL POWERS OF REVIEW OVER A DISCRETION GRANTED TO A PUBLIC AUTHORITY , EVEN THOUGH IT HAS NO JURISDICTION TO INTERVENE IN THE EXERCISE OF THE DISCRETION RESERVED TO THE COMMUNITY AUTHORITIES BY THE AFOREMENTIONED REGULATION .
31 IT FOLLOWS FROM THE FOREGOING THAT THE ATTITUDE ADOPTED BY THE COMMISSION IS EXCESSIVE INASMUCH AS IT CONSIDERS THAT ANY ACTION BROUGHT BY THE COMPLAINANTS DESCRIBED IN ARTICLE 5 OF THE REGULATION IS , IN PRINCIPLE , INADMISSIBLE . AS HAS BEEN SHOWN ABOVE , THE REGULATION ACKNOWLEDGES THAT UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS INJURED BY SUBSIDIZATION PRACTICES ON THE PART OF NON-MEMBER COUNTRIES HAVE A LEGITIMATE INTEREST IN THE INITIATION OF PROTECTIVE ACTION BY THE COMMUNITY ; IT MUST THEREFORE BE ACKNOWLEDGED THAT THEY HAVE A RIGHT OF ACTION WITHIN THE FRAMEWORK OF THE LEGAL STATUS WHICH THE REGULATION CONFERS UPON THEM .
32 IT IS THEREFORE FOR THE APPLICANT TO PUT FORWARD ITS SUBMISSIONS IN THE COURSE OF THE SUBSEQUENT PROCEEDINGS AND TO SHOW THAT THEY FALL WITHIN THE LIMITS OF THE LEGAL PROTECTION GIVEN TO IT BY REGULATION NO 3017/79 AND BY THE GENERAL PRINCIPLES OF THE TREATY .
33 FOR ALL THOSE REASONS THE APPLICATION MUST BE DECLARED ADMISSIBLE AND THE PROCEEDINGS MUST BE ALLOWED TO CONTINUE .
Decision on costs
COSTS
34 THE COSTS SHOULD BE RESERVED .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
BE WAY OF INTERLOCUTORY DECISION , HEREBY :
1 . DECLARES THE ACTION TO BE ADMISSIBLE ;
2 . RESERVES THE COSTS .