FIGURES REGARDING THE RATE OF UTILIZATION OF PRODUCTION CAPACITY IS IRRELEVANT IN ASCERTAINING WHETHER THE MEASURES PROPOSED BY THE EXECUTIF REGIONAL WALLON CONSTITUTED "AID" FOR THE PURPOSES OF ARTICLE 92 ( 1 ). IT IS COMMON GROUND THAT BETWEEN 1982 AND 1986 THE FLAT-GLASS INDUSTRY ENCOUNTERED DIFFICULTIES IN FINDING OUTLETS FOR ITS PRODUCTS AND THAT THOSE DIFFICULTIES LED TO REDUNDANCIES IN THAT SECTOR . IN THOSE CIRCUMSTANCES, ALLOWANCES OF THE KIND ENVISAGED BY THE PROPOSED MEASURES MUST BE REGARDED AS FAVOURING ONE UNDERTAKING AT THE EXPENSE OF ITS COMPETITORS AND AS THUS CONSTITUTING "AID" WITHIN THE MEANING OF THE TREATY .
14 THE APPLICANTS FURTHER MAINTAIN THAT THE INVESTMENTS IN QUESTION WERE INTENDED TO PROMOTE THE PRODUCTION AND MARKETING OF A NEW PRODUCT, DESIGNED ACCORDING TO A NEW TECHNOLOGY DEVELOPED BY GLAVERBEL ENABLING THE PYROLYTIC COATING TO BE APPLIED TO THE SHEETS OF GLASS WHILST THEY ARE STILL, TO USE THE TECHNICAL TERM, "ON LINE" OR "FLOATED ". THE NEW PRODUCT COMPETES WITH ONLY A VERY LIMITED NUMBER OF EXISTING PRODUCTS .
15 THAT ARGUMENT IS NOT SUCH AS TO PRECLUDE THE APPLICATION OF ARTICLE 92 ( 1 ). FIRST, THE APPLICANTS HAVE NOT MANAGED TO DEMONSTRATE THAT THERE ARE TWO SEPARATE MARKETS, ONE FOR THE NEW PRODUCT AND ANOTHER FOR TRADITIONAL PRODUCTS . SECONDLY, THE NEW PRODUCT REPRESENTED ONLY ABOUT 30% OF GLAVERBEL' S TOTAL OUTPUT, WHEREAS GLAVERBEL, AS AN UNDERTAKING PRODUCING A VARIETY OF PRODUCTS, RECEIVED FINANCIAL ADVANTAGES FROM THE AID .
16 THE APPLICANTS FURTHER ALLEGE THAT THE COMMISSION, IN ITS DECISION, OMITTED TO SHOW HOW THE PROPOSED AID COULD HAVE AFFECTED TRADE BETWEEN MEMBER STATES OR DISTORTED COMPETITION IN THE COMMON MARKET . THE COMMISSION MERELY SET OUT GENERAL CONSIDERATIONS AND STATISTICS RELATING TO THE SITUATION ON THE MARKET FOR GLASS, WITHOUT GIVING ANY SPECIFIC INDICATIONS ENABLING ITS REASONING TO BE UNDERSTOOD .
17 IN ITS DECISION THE COMMISSION MENTIONS THREE DIFFERENT CONSIDERATIONS IN THAT REGARD . FIRST, IT MAINTAINS THE VULNERABILITY OF THE MARKET FOR FLAT GLASS, DUE IN PARTICULAR TO STAGNANT DEMAND, UNUSED PRODUCTION CAPACITY AND THE STEADY DECLINE IN EMPLOYMENT . IT THEN GIVES FIGURES ON TRADE BETWEEN THE BELGO-LUXEMBOURG ECONOMIC UNION AND THE OTHER MEMBER STATES, CONCLUDING THAT THE VOLUME OF TRADE IS LARGE AND STATING THAT GLAVERBEL EXPORTS ABOUT 50% OF ITS FLAT-GLASS PRODUCTION TO OTHER MEMBER STATES . FINALLY, THE COMMISSION EXPLAINS THAT IN 1984 AND 1986 THREE DECISIONS ( DECISIONS 84/497, 86/593 AND 84/507 ) WERE ADOPTED WHEREBY AID TO THE FLAT-GLASS INDUSTRY IN THE THREE BENELUX COUNTRIES WAS DECLARED INCOMPATIBLE WITH ARTICLE 92 OF THE TREATY .
18 TOGETHER, THOSE CONSIDERATIONS PROVIDE, FOR THE PURPOSES OF ARTICLE 190 OF THE TREATY, AN ADEQUATE STATEMENT OF REASONS IN SUPPORT OF THE COMMISSION' S CONCLUSIONS THAT THE PROPOSED AID WAS LIKELY TO AFFECT TRADE BETWEEN MEMBER STATES AND COULD DISTORT, OR THREATEN TO DISTORT, COMPETITION BY FAVOURING CERTAIN UNDERTAKINGS IN RELATION TO OTHERS .
19 IT FOLLOWS THAT THE COMPLAINTS CONCERNING ARTICLE 92 ( 1 ) AND THE INADEQUACY OF