. ARTICLE 11 ( 4 ) PROVIDES THAT THE COMMISSION SHALL BE REQUIRED TO INFORM THE COUNCIL AND THE MEMBER STATES FORTHWITH OF ANY DECISION CONCERNING PROVISIONAL DUTIES .
23 ACCORDING TO ARTICLE 12 , WHERE THE FACTS AS FINALLY ESTABLISHED BY THE COMMISSION SHOW THAT THERE IS SUBSIDIZATION AND INJURY CAUSED THEREBY AND THE INTERESTS OF THE COMMUNITY CALL FOR COMMUNITY INTERVETION , A DEFINITIVE COUNTERVAILING DUTY IS TO BE IMPOSED BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL SUBMITTED BY THE COMMISSION AFTER CONSULTATION .
24 IT MUST BE NOTED THAT , ACCORDING TO ARTICLE 13 ( 1 ), COUNTERVAILING DUTIES , WHETHER PROVISIONAL OR DEFINITIVE , ARE TO BE IMPOSED BY REGULATION .
25 IT APPEARS FROM A COMPARISON OF THE PROVISIONS GOVERNING THE SUCCESSIVE PROCEDURAL STAGES DESCRIBED ABOVE THAT THE REGULATION RECOGNIZES THE EXISTENCE OF A LEGITIMATE INTEREST ON THE PART OF COMMUNITY PRODUCERS IN THE ADOPTION OF ANTI-SUBSIDY MEASURES AND THAT IT DEFINES CERTAIN SPECIFIC RIGHTS IN THEIR FAVOUR , NAMELY THE RIGHT TO SUBMIT TO THE COMMISSION ALL EVIDENCE WHICH THEY CONSIDER APPROPRIATE , THE RIGHT TO SEE ALL INFORMATION OBTAINED BY THE COMMISSION SUBJECT TO CERTAIN EXCEPTIONS , THE RIGHT TO BE HEARD AT THEIR REQUEST AND TO HAVE THE OPPORTUNITY OF MEETING THE OTHER PARTIES CONCERNED IN THE SAME PROCEEDING , AND FINALLY THE RIGHT TO BE INFORMED IF THE COMMISSION DECIDES NOT TO PURSUE A COMPLAINT . IN THE CASE OF THE PROCEEDINGS BEING TERMINATED ON THE COMPLETION OF THE STAGE OF PRELIMINARY INVESTIGATION PROVIDED FOR IN ARTICLE 5 THAT INFORMATION MUST COMPRISE AT LEAST A STATEMENT OF THE COMMISSION ' S BASIC CONCLUSIONS AND A SUMMARY OF THE REASONS THEREFOR AS IS REQUIRED BY ARTICLE 9 IN THE EVENT OF THE TERMINATION OF FORMAL INVESTIGATIONS .
26 WHILST IT IS TRUE THAT THE COMMISSION , WHEN EXERCISING THE POWERS ASSIGNED TO IT IN REGULATION NO 3017/79 , IS UNDER A DUTY TO ESTABLISH OBJECTIVELY THE FACTS CONCERNING THE EXISTENCE OF SUBSIDIZATION PRACTICES AND OF INJURY CAUSED THEREBY TO COMMUNITY UNDERTAKINGS , IT IS NO LESS TRUE THAT IT HAS A VERY WIDE DISCRETION TO DECIDE , IN TERMS OF THE INTERESTS OF THE COMMUNITY , ANY MEASURES NEEDED TO DEAL WITH THE SITUATION WHICH IT HAS ESTABLISHED .
27 IT IS IN THE LIGHT OF THOSE CONSIDERATIONS , ORIGINATING IN THE SCHEME OF REGULATION NO 3017/79 THAT IT IS NECESSARY TO DECIDE WHETHER COMPLAINANTS HAVE THE RIGHT TO BRING AN ACTION .
28 IT SEEMS CLEAR , FIRST , IN THAT RESPECT - AND THE POINT IS NOT DISPUTED BY THE COMMISSION - THAT COMPLAINANTS MUST BE ACKNOWLEDGED TO HAVE A RIGHT TO BRING AN ACTION WHERE IT IS ALLEGED THAT THE COMMUNITY AUTHORITIES HAVE DISREGARDED RIGHTS WHICH HAVE BEEN RECOGNIZED SPECIFICALLY IN THE REGULATION , NAMELY THE RIGHT TO LODGE A COMPLAINT , THE RIGHT , WHICH IS INHERENT IN THE AFOREMENTIONED RIGHT , TO HAVE THAT COMPLAINT CONSIDERED BY THE COMMISSION WITH PROPER CARE