LAID DOWN IN THE SAME ARTICLE FOR REQUESTS FOR INFORMATION , ESCAPE THE CONDITIONS LAID DOWN IN ARTICLE 11 AND THUS EVADE THE GUARANTEES GIVEN BY THE LATTER TO THE UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS CONCERNED .
15 SUCH ARGUMENTS DO NOT HOWEVER TAKE INTO ACCOUNT THE DISTINCTION MADE BY THE REGULATION ITSELF BETWEEN THE ' ' INFORMATION ' ' REFERRED TO IN ARTICLE 11 AND THE ' ' INVESTIGATION ' ' REFERRED TO IN ARTICLE 14 . THE FACT THAT THE OFFICIALS AUTHORIZED BY THE COMMISSION , IN CARRYING OUT AN INVESTIGATION , HAVE THE POWER TO REQUEST DURING THAT INVESTIGATION INFORMATION ON SPECIFIC QUESTIONS ARISING FROM THE BOOKS AND BUSINESS RECORDS WHICH THEY EXAMINE IS NOT SUFFICIENT TO CONCLUDE THAT AN INVESTIGATION IS IDENTICAL TO A PROCEDURE INTENDED ONLY TO OBTAIN INFORMATION WITHIN THE MEANING OF ARTICLE 11 OF THE REGULATION .
16 FOR ALL THESE REASONS , IT IS NECESSARY TO DISMISS THE FIRST SUBMISSION AS UNFOUNDED .
( B ) THE INFRINGEMENT OF FUNDAMENTAL RIGHTS
17 THE APPLICANT THEN CLAIMS THAT BY FAILING PREVIOUSLY TO COMMUNICATE TO IT BEFOREHAND THE DECISION ORDERING AN INVESTIGATION IN QUESTION , THE COMMISSION HAS IN THIS INSTANCE INFRINGED FUNDAMENTAL RIGHTS OF THE APPLICANT , IN PARTICULAR THE RIGHT TO RECEIVE ADVANCE NOTIFICATION OF THE INTENTION TO APPLY A DECISION REGARDING IT , THE RIGHT TO BE HEARD BEFORE A DECISION ADVERSELY AFFECTING IT IS TAKEN AND THE RIGHT TO USE THE OPPORTUNITY GIVEN TO IT UNDER ARTICLE 185 OF THE TREATY TO REQUEST A STAY OF EXECUTION OF SUCH A DECISION . THE APPLICANT RELIES IN PARTICULAR ON ARTICLE 8 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF 4 NOVEMBER 1950 WHEREBY ' ' EVERYONE HAS THE RIGHT TO RESPECT FOR HIS PRIVATE AND FAMILY LIFE , HIS HOME AND HIS CORRESPONDENCE ' ' . IT CONSIDERS THAT THOSE GUARANTEES MUST BE PROVIDED MUTATIS MUTANDIS ALSO TO LEGAL PERSONS .
18 AS THE COURT STATED IN ITS JUDGMENT OF 14 MAY 1974 IN CASE 4/73 , J . NOLD , KOHLEN- UND BAUSTOFFGROSSHANDLUNG V COMMISSION OF THE EUROPEAN COMMUNITIES ( 1974 ) ECR 491 AT P . 507 , FUNDAMENTAL RIGHTS FORM AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW , THE OBSERVANCE OF WHICH THE COURT OF JUSTICE ENSURES , IN ACCORDANCE WITH CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES AND WITH INTERNATIONAL TREATIES ON WHICH THE MEMBER STATES HAVE COLLABORATED OR OF WHICH THEY ARE SIGNATORIES .
19 IN THIS RESPECT IT IS NECESSARY TO POINT OUT THAT ARTICLE 8 ( 2 ) OF THE EUROPEAN CONVENTION , IN SO FAR AS IT APPLIES TO LEGAL PERSONS , WHILST STATING THE PRINCIPLE THAT PUBLIC AUTHORITIES SHOULD NOT INTERFERE WITH THE EXERCISE OF THE RIGHTS REFERRED TO IN ARTICLE 8 ( 1 ), ACKNOWLEDGES THAT SUCH INTERFERENCE IS PERMISSIBLE TO THE EXTENT TO WHICH IT ' ' IS IN ACCORDANCE WITH THE LAW AND IS NECESSARY IN A DEMOCRATIC SOCIETY IN THE