BANKS AND FROM ITS PARENT COMPANY , RADICI . SUCH A BLOW TO ITS CREDIT WOULD CAUSE IT TO GO INTO LIQUIDATION AND WOULD BRING ABOUT THE LOSS OF 180 JOBS IN AN AREA IN WHICH THE ECONOMIC SITUATION IS ALREADY PARTICULARLY DIFFICULT .
18 FOR ITS PART , THE COMMISSION EXPRESSES THE VIEW IN ITS WRITTEN OBSERVATIONS REGARDING THE APPLICATION FOR INTERIM MEASURES THAT THE APPLICANT HAS NOT SHOWN THAT THE IMPLEMENTATION OF COMMISSION DECISION NO 85/471 WOULD BE LIKELY TO CAUSE IT SERIOUS AND IRREPARABLE DAMAGE .
19 NEITHER THE FEDERAL GERMAN GOVERNMENT NOR THAT OF NORTH RHINE-WESTPHALIA HAS YET TAKEN ANY CONCRETE MEASURE TO IMPLEMENT THE DECISION AND RECOVER THE AID AT ISSUE . MOREOVER , EVEN IF THE CONTESTED DECISION WERE IMPLEMENTED THE APPLICANT WOULD NOT BE LIKELY TO SUFFER DAMAGE SINCE THE ONLY PART OF THAT DECISION WHICH IS DIRECTLY APPLICABLE FOR THE PURPOSES OF ARTICLE 185 OF THE EEC TREATY IS THE OBLI GATION IMPOSED ON THE PERSON TO WHOM THE DECISION IS ADDRESSED TO RECOVER THE AMOUNT PAID . DECISION NO 85/471 DOES NOT DIRECTLY CREATE ANY OBLIGATION TO PAY ON THE PART OF THE APPLICANT . RECOVERY OF THE AID AT ISSUE CANNOT THEREFORE BE SOUGHT IMMEDIATELY . THE APPLICANT CAN ONLY BE MADE LIABLE TO RE-PAY THE AID BY A DECISION ORDERING THE WITHDRAWAL AND RECOVERY THEREOF ADOPTED BY THE GERMAN AUTHORITIES ON THE BASIS OF THE NATIONAL PROVISIONS CONCERNING CANCELLATION OF UNLAWFUL ADMINISTRATIVE ACTS . MOREOVER , THE APPLICANT IS ENTITLED TO INSTITUTE ADMINISTRATIVE PROCEEDINGS UNDER ITS NATIONAL LAW FOR SUSPENSION OF THE OPERATION OF SUCH A DECISION OF THE GERMAN AUTHORITIES .
20 THE COMMISSION ALSO CONTENDS THAT ENFORCEMENT OF THE OBLIGATION TO REPAY IS NOT LIKELY TO CAUSE THE APPLICANT TO GO INTO LIQUIDATION , AS THE LATTER ALLEGES , SINCE IT IS A WHOLLY-OWNED SUBSIDIARY OF THE RADICI GROUP , WHICH HAS SUBSTANTIAL FINANCIAL RESOURCES .
21 IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT AND FROM THE REPLIES TO CERTAIN QUESTIONS PUT AT THE HEARING THAT THE FEDERAL GERMAN GOVERNMENT AND THE GOVERNMENT OF NORTH RHINE-WESTPHALIA HAVE NOT YET ADOPTED CONCRETE MEASURES DESIGNED TO CANCEL THEIR DECISION APPROVING THE AID AND TO RECOVER THE AID ALREADY GRANTED . THE LETTER SENT BY THE MINISTER FOR ECONOMIC AFFAIRS TO THE APPLICANT ON 11 NOVEMBER 1985 WHICH THE LATTER PRODUCED AT THE HEARING IN REPLY TO A QUESTION CANNOT IN ANY CIRCUMSTANCES BE REGARDED AS A FORMAL REQUEST BY THE GERMAN AUTHORITIES FOR REPAYMENT OF THE AID . THE CONTENTS OF THAT LETTER CLEARLY INDICATE THAT THE GERMAN AUTHORITIES ' SOLE PURPOSE WAS TO FIND OUT WHETHER THE APPLICANT WAS GOING TO BRING AN ACTION BEFORE THE COURT OF JUSTICE FOR INTERIM RELIEF IN THE FORM OF SUSPENSION OF THE OPERATION OF COMMISSION DECISION NO 85/471 , SO THAT IT COULD DISCHARGE THE OBLIGATION TO PASS THAT INFORMATION ON TO THE COMMISSION IMPOSED ON IT BY ARTICLE 2 OF THAT DECISION .
22 EVEN THOUGH THE CONTENTS