NAMED IN THAT ARTICLE .
26THE ALLEGATION OF THE COUNCIL AND THE INTERVENER THAT ONLY IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES ARE OF DIRECT CONCERN TO THE IMPORTERS AND THAT THESE IMPORTERS SHOULD THEREFORE , WHERE APPROPRIATE , BRING THE MATTER BEFORE THE NATIONAL COURTS HAVING JURISDICTION DISREGARDS THE FACT THAT SUCH IMPLEMENTATION IS PURELY AUTOMATIC AND , MOREOVER , IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .
27ARTICLE 3 OF REGULATION NO 1778/77 IS THEREFORE OF DIRECT AND INDIVIDUAL CONCERN TO THOSE IMPORTERS AND CONSEQUENTLY THE APPLICATION LODGED BY I.S.O ., AS EXCLUSIVE IMPORTER OF NACHI PRODUCTS , IS ADMISSIBLE .
THE SUBSTANCE OF THE APPLICATION
28AS REGARDS ARTICLES 1 AND 2 OF REGULATION NO 1778/77 , THE APPLICANT CLAIMS IN SUBSTANCE THAT REGULATION NO 459/68 DOES NOT PERMIT A DEFINITIVE ANTI-DUMPING DUTY TO BE IMPOSED AT THE SAME TIME AS UNDERTAKINGS BY THE PRODUCERS CONCERNED TO REVISE PRICES ARE ACCEPTED .
29THE COUNCIL AND THE INTERVENER REPLY THAT AS THE CONTESTED REGULATION WAS BASED NOT ONLY ON THE BASIC REGULATION BUT ALSO ON ARTICLE 113 OF THE TREATY THE LATTER PROVISION , WHICH AUTHORIZES THE COUNCIL TO TAKE MEASURES TO PROTECT TRADE IN CASE OF DUMPING , GIVES THE COUNCIL THE POWER TO ADOPT AN AD HOC REGULATION INDEPENDENTLY OF THE PROVISIONS OF REGULATION NO 459/68 .
30THE COUNCIL MUST THEREFORE BE DEEMED TO HAVE EXERCISED THAT POWER IN THE PRESENT CASE .
31FINALLY , AS THE COMMISSION ' S INVESTIGATION DISCOVERED A MARGIN OF DUMPING OF AT LEAST 15% INJURING THE COMMUNITY INDUSTRY AND AS NACHI ACKNOWLEDGED BY IMPLICATION BY ITS UNDERTAKING THAT THERE WAS A MARGIN OF DUMPING OF 20% , IT IS UNSATISFACTORY TO HAVE TO RECOMMENCE THE INVESTIGATION FOR FAILURE TO OBSERVE THE UNDERTAKING AND MORE APPROPRIATE IN SUCH A CASE TO TERMINATE THE SUSPENSION OF THE DEFINITIVE DUTY IMPOSED ON THE BASIS OF WELL-ESTABLISHED FACTS .
32ARTICLE 14 ( 1 ) OF THE BASIC REGULATION , REGULATION ( EEC ) NO 459/68 , AS AMENDED BY REGULATION ( EEC ) NO 2011/73 OF THE COUNCIL OF 24 JULY 1973 ( OFFICIAL JOURNAL 1973 , L 206 , P . 3 ) HAVING PROVIDED THAT ' ' IF IT BECOMES APPARENT . . . THAT PROTECTIVE MEASURES ARE UNNECESSARY . . . THE PROCEEDINGS SHALL STAND TERMINATED ' ' , ARTICLE 14 ( 2 ) PROVIDES AS FOLLOWS :
' ' ( A ) THE PROVISIONS OF THE FOREGOING PARAGRAPH SHALL ALSO APPLY WHERE , DURING EXAMINATION OF THE MATTER , THE EXPORTERS GIVE A VOLUNTARY UNDERTAKING TO REVISE THEIR PRICES SO THAT THE MARGIN OF DUMPING IS ELIMINATED OR TO CEASE TO EXPORT THE PRODUCT IN QUESTION TO THE COMMUNITY , PROVIDED THAT THE COMMISSION , AFTER HEARING THE OPINIONS EXPRESSED WITHIN THE COMMITTEE , CONSIDERS THIS ACCEPTABLE .
( B)WHERE THE COMMISSION , ACTING IN ACCORDANCE WITH THE PROVISIONS OF THE FOREGOING SUBPARAGRAPH , ACCEPTS THE UNDERTAKING REFERRED TO THEREIN , THE INVESTIGATION OF INJURY SHALL