ARTICLE 15 ( 1 ) ( C ) AND ARTICLE 16 ( 1 ) ( D ) AND THE RIGHT TO HAVE THE DECISION REVIEWED BY THE COURT OF JUSTICE . ' '
THIS PROVISION DOES NOT OF COURSE PREVENT THE COMMISSION FROM CARRYING OUT AN INVESTIGATION SOLELY PURSUANT TO A WRITTEN AUTHORIZATION GIVEN TO ITS OFFICIALS WITHOUT ADOPTING A DECISION , BUT IN OTHER RESPECTS IT CONTAINS NOTHING TO INDICATE THAT IT MAY ONLY ADOPT A DECISION WITHIN THE MEANING OF ARTICLE 14 ( 3 ) IF IT HAS PREVIOUSLY ATTEMPTED TO CARRY OUT AN INVESTIGATION BY MERE AUTHORIZATION . WHEREAS ARTICLE 11 ( 5 ) EXPRESSLY MAKES THE ADOPTION OF A COMMISSION DECISION SUBJECT TO THE CONDITION THAT THE LATTER HAS PREVIOUSLY ASKED FOR THE NECESSARY INFORMATION BY MEANS OF A REQUEST ADDRESSED TO THOSE CONCERNED AND SPECIFIES IN ARTICLE 11 ( 3 ) THE ESSENTIALS WHICH SUCH A REQUEST MUST CONTAIN , ARTICLE 14 MAKES THE INVESTIGATING PROCEDURE BY MEANS OF A DECISION SUBJECT TO NO PRELIMINARY OF THIS KIND .
12 THE APPLICANT WRONGLY RELIES IN SUPPORT OF ITS ARGUMENT ON THE WORDING OF ARTICLE 13 ( 1 ) OF THE SAME REGULATION WHICH PROVIDES THAT , AT THE REQUEST OF THE COMMISSION , THE NATIONAL AUTHORITIES MUST UNDERTAKE THE INVESTIGATIONS WHICH THE COMMISSION CONSIDERS TO BE NECESSARY UNDER ARTICLE 14 ( 1 ) OR WHICH IT HAS ORDERED BY DECISION PURSUANT TO ARTICLE 14 ( 3 ). BY MAKING A DISTINCTION BETWEEN THE TWO INVESTIGATORY PROCEDURES , THAT PROVISION CLEARLY SHOWS BY THE USE OF THE WORD ' ' OR ' ' THAT THOSE TWO PROCEDURES DO NOT NECESSARILY OVERLAP BUT CONSTITUTE TWO ALTERNATIVE CHECKS THE CHOICE OF WHICH DEPENDS UPON THE SPECIAL FEATURES OF EACH CASE .
13 THE DIFFERENCE IN THE RULES ON THIS SUBJECT CONTAINED IN ARTICLES 11 AND 14 IS EXPLAINED , MOREOVER , BY THE DIVERSITY OF THE NEEDS MET BY THOSE TWO PROVISIONS . WHEREAS THE INFORMATION WHICH THE COMMISSION CONSIDERS NECESSARY TO KNOW MAY NOT AS A GENERAL RULE BE COLLECTED WITHOUT THE CO-OPERATION OF THE UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS POSSESSING THIS INFORMATION , INVESTIGATIONS , ON THE OTHER HAND , ARE NOT NECESSARILY SUBJECT TO THE SAME CONDITION . IN GENERAL THEY AIM AT CHECKING , BY MEASURES SUCH AS THOSE LISTED IN THE SECOND SUBPARAGRAPH OF ARTICLE 14 ( 1 ) OF REGULATION NO 17 , THE ACTUAL EXISTENCE AND SCOPE OF INFORMATION WHICH THE COMMISSION ALREADY HAS AND DO NOT THEREFORE NECESSARILY PRESUPPOSE PREVIOUS CO-OPERATION BY UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS IN POSSESSION OF THE INFORMATION NECESSARY FOR THE CHECK .
14 THE APPLICANT MAINTAINS IN ANOTHER CONNEXION THAT IF IT WERE NECESSARY TO INTERPRET ARTICLE 14 DIFFERENTLY FROM ARTICLE 11 , THAT IS , AS MEANING THAT IT PERMITS THE COMMISION TO ADOPT AN INVESTIGATION DECISION WITHOUT PREVIOUSLY CARRYING OUT AN INVESTIGATION SUCH AS THAT PROVIDED FOR IN ARTICLE 14 ( 2 ) THE COMMISSION MIGHT , BY HAVING RECOURSE TO THE PROCEDURE