PROVISION SPECIALLY ENACTED TO FORM AN EXCEPTION TO THE PROHIBITION OF DIVULGING THE INFORMATION IN QUESTION?
( 3)OR , STILL ON THE ASSUMPTION THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE , DOES ARTICLE 12 ( 1 ) ALLOW A GENERAL PROVISION SUCH AS THE FIRST PARAGRAPH OF ARTICLE 1946 OF THE NETHERLANDS CODE OF CIVIL PROCEDURE TO BE REGARDED AS A PROVISION LAID DOWN BY LAW BY VIRTUE OF WHICH THE INFORMATION REFERRED TO IN ARTICLE 12 ( 1 ) MAY BE DIVULGED?
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THE OBSERVATIONS SUBMITTED TO THE COURT
9 IN THE MUNICIPALITY ' S VIEW , THE FIRST QUESTION MUST BE ANSWERED IN THE NEGATIVE . IT SUBMITS THAT THE PURPOSE OF THE DIRECTIVE IS TO FACILITATE EFFECTIVE SUPERVISION OF CREDIT INSTITUTIONS , WHICH MEANS THAT THE COMPETENT AUTHORITIES MUST BE ABLE TO EXCHANGE CONFIDENTIAL INFORMATION AND THAT THE CONFIDENTIALITY OF THE INFORMATION EXCHANGED MUST BE SAFEGUARDED . HOWEVER , ARTICLE 12 OF THE DIRECTIVE REGULATES ONLY THE SCOPE OF AND LIMITATIONS ON THE VOLUNTARY USE OF THE INFORMATION PROVIDED ; IT THEREFORE EXPRESSLY LEAVES OPEN THE POSSIBILITY FOR NATIONAL LEGISLATURES TO REQUIRE THE COMPETENT AUTHORITIES TO PROVIDE INFORMATION . THE DIRECTIVE WAS THEREFORE INTENDED TO REGULATE THE VOLUNTARY USE OF INFORMATION BY THE COMPETENT AUTHORITIES BUT WAS NOT MEANT TO ENCROACH UPON THE POWERS OF THE LEGISLATURES OF THE MEMBER STATES .
10 AS REGARDS THE SECOND AND THIRD QUESTIONS , THE MUNICIPALITY OBSERVES THAT IT IS FOR THE NATIONAL COURT TO WEIGH UP THE INTERESTS CONCERNED BY A DUTY TO MAINTAIN PROFESSIONAL SECRECY AGAINST THE INTEREST IN ELICITING THE TRUTH IN A CIVIL TRIAL . THE LEGISLATIVE GUARANTEES REQUIRED BY ARTICLE 12 ( 1 ) ARE ENTIRELY SATISFIED BY SUCH JUDICIAL ASSESSMENT OF THE LEGISLATIVE PROVISIONS IN THE LIGHT OF THE FACTS OF THE CASE .
11 MR HILLENIUS , ON THE OTHER HAND , TAKES THE VIEW THAT THE SCOPE AND EFFECT OF THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY REFERRED TO IN ARTICLE 12 ( 1 ) OF THE DIRECTIVE ARE DETERMINED BY COMMUNITY LAW AND NOT BY NATIONAL LAW . THAT OBLIGATION IS IN PRINCIPLE INTENDED TO BE AN ABSOLUTE REQUIREMENT . BOTH THE WORDING OF ARTICLE 12 AND THE RATIO LEGIS OF THE DIRECTIVE SUGGEST THAT CONFIDENTIAL INFORMATION RECEIVED BY OFFICERS OF THE COMPETENT AUTHORITY IN THE COURSE OF THEIR DUTIES MAY NOT BE DIVULGED , EVEN TO A COURT TRYING A CIVIL ACTION . THUS THE JUSTIFICATION FOR THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY RESIDES IN THE FACT THAT THE COMMUNITY LEGISLATURE SOUGHT TO CREATE THE CONDITIONS NECESSARY FOR EFFECTIVE SUPERVISION OF CREDIT INSTITUTIONS , WHICH REQUIRES INFORMATION TO BE EXCHANGED BETWEEN THE COMPETENT AUTHORITIES , AND FOR ENSURING THE CONFIDENCE OF THE INSTITUTIONS WHICH ARE SUPERVISED AND THE CONFIDENCE OF THE PUBLIC IN THOSE INSTITUTIONS .
12 AS REGARDS THE SECOND AND THIRD QUESTIONS , MR HILLENIUS SUBMITS FIRST OF ALL THAT A DEROGATION FROM THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY MAY NOT BE ALLOWED EXCEPT ON THE