THAT THE NON-MATERIAL DAMAGE WHICH IT WILL SUFFER AS A RESULT OF THE UNCONSTITUTIONALITY OF THE TWO CONTESTED DECISIONS CONSTITUTES DAMAGE WHICH COULD NOT BE REPAIRED BECAUSE THE INTEGRITY OF THE PROTECTION AFFORDED TO THE FUNDAMENTAL RIGHT IN QUESTION WOULD BE BREACHED AND COULD NOT BE RESTORED, AFTER THE EVENT, EVEN IF THE COMMISSION WERE LATER FORCED TO FORGO THE ADVANTAGE OBTAINED FROM SUCH BREACH . THE DECISION IMPOSING PERIODIC PENALTY PAYMENTS FURTHER CAUSES IT MATERIAL DAMAGE WHICH IS INCREASING BY DM 2*000 PER DAY .
25 IN SUBSTANCE, THEREFORE, THE APPLICANT' S ARGUMENTS AMOUNT TO CLAIMING THAT THE DECISIONS WHOSE OPERATION IT REQUESTS THE COURT TO SUSPEND ARE MARRED BY SUCH SERIOUS AND OBVIOUS DEFECTS THAT IT IS EVIDENT, EVEN AT FIRST SIGHT, THAT THEY LACK ANY LEGAL BASIS AND ARE MANIFESTLY ILLEGAL . IN ITS SUBMISSION, BY REASON SIMPLY OF THE NATURE AND GRAVITY OF THESE ILLEGALITIES IT IS NECESSARY AND A MATTER OF URGENCY THAT THE SITUATION RESULTING FROM THEIR APPLICATION SHOULD BE TERMINATED FORTHWITH . THAT SUBMISSION ACQUIRES EVEN GREATER FORCE WHERE THE DECISIONS IN QUESTION ARE NOT ONLY ILLEGAL BUT ALSO MANIFESTLY UNCONSTITUTIONAL, BECAUSE A FUNDAMENTAL RIGHT FORMING AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW THE OBSERVANCE OF WHICH IS ENSURED BY THE COURT OF JUSTICE HAS BEEN BREACHED .
26 IT MUST THEREFORE BE CONSIDERED WHETHER IN THIS CASE THE ARGUMENTS PUT FORWARD BY THE APPLICANT ARE CAPABLE OF PROVIDING PRIMA FACIE EVIDENCE OF SUCH ILLEGALITY OR UNCONSTITUTIONALITY .
27 AS REGARDS THE FIRST SUBMISSION RAISED CONCERNING THE DECISION OF 15 JANUARY 1987, IT MUST BE CONSIDERED WHETHER THE CONTENT OF THE DECISION PRIMA FACIE APPEARS TO SATISFY THE REQUIREMENTS LAID DOWN IN ARTICLE 14 ( 3 ) OF REGULATION NO 17, WHICH PROVIDES AS FOLLOWS :
"UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS SHALL SUBMIT TO INVESTIGATIONS ORDERED BY DECISION OF THE COMMISSION . THE DECISION SHALL SPECIFY THE SUBJECT MATTER AND PURPOSE OF THE INVESTIGATION, APPOINT THE DATE ON WHICH IT IS TO BEGIN AND INDICATE THE PENALTIES PROVIDED FOR IN ARTICLE 15 ( 1 ) ( C ) AND ARTICLE 16 ( 1 ) ( D ) AND THE RIGHT TO HAVE THE DECISION REVIEWED BY THE COURT OF JUSTICE ."
28 IN THE CONTEXT OF SUCH AN APPRAISAL, IT MUST BE STATED THAT THE CONTESTED DECISION ORDERING AN INVESTIGATION PRIMA FACIE SEEMS TO SATISFY THOSE PROCEDURAL REQUIREMENTS :
ARTICLE 1 AND THE RECITALS IN THE PREAMBLE STATE THE SUBJECT-MATTER AND PURPOSE OF THE INVESTIGATION : NAMELY, TO INVESTIGATE WHETHER OR NOT HOECHST WAS OR IS STILL A PARTY TO AGREEMENTS OR CONCERTED PRACTICES BETWEEN CERTAIN PRODUCERS AND SUPPLIERS OF PVC AND POLYETHYLENE, INCLUDING LDPE, IN THE EEC, FIXING THE SELLING PRICES AND QUOTAS OR SALES OBJECTIVES OF THOSE PRODUCTS, WHICH MIGHT CONSTITUTE A SERIOUS INFRINGEMENT OF ARTICLE 85 ( 1 ) OF THE EEC TREATY .
ARTICLES 2 AND 3 AND THE FINAL RECITAL IN THE PREAMBLE RESPECTIVELY STATE THE DATE ON WHICH THE INVESTIGATION IS TO BEGIN, THE RIGHT