ADMISSIBILITY OF THE APPLICATION AND NO SUCH QUESTION HAS BEEN RAISED BY THE COURT .
II - SUBSTANCE OF THE CASE
A - THE INFRINGEMENT OF THE TREATY
1 . THE APPLICANT CLAIMS, FIRST, THAT THE DECISION IS 'ABSOLUTELY IMPRECISE AND WITHOUT DEFINITE SUBJECT-MATTER', IN THAT NEITHER THE RECITALS IN THE PREAMBLE THERETO NOR THE OPERATIVE PART INDICATE THE INFORMATION IT IS ASKED TO PROVIDE OR EXPLAIN WHY IT IS NECESSARY IN THIS PARTICULAR CASE AND THAT THIS CONSTITUTES AN INFRINGEMENT OF THE TREATY .
THE GROUND OF COMPLAINT REFERS IN THIS CASE TO THE FACT THAT THE DECISION ORDERS THE UNDERTAKING TO PROVIDE INFORMATION BUT DOES NOT SET OUT PRECISELY ITS SPECIFIC SUBJECT-MATTER AND CONTENT OR, IN ADDITION, WHY SUCH INFORMATION IS NECESSARY . THE APPLICANT SEEKS TO DRAW A DISTINCTION BETWEEN THESE ELEMENTS AND THE OBJECTIVE PURSUED WHICH, IT MAINTAINS, IS INSUFFICIENTLY CLEARLY STATED IN THE DECISION AND THUS CANNOT CONSTITUTE THE NECESSARY LEGAL BASIS FOR IT .
2 . SECONDLY, MORE GENERALLY, THE APPLICANT PUTS FORWARD THE SAME GROUND OF COMPLAINT IN ORDER TO DEDUCE FROM THE FAILURE TO SATISFY THE CONDITIONS TO WHICH ANY MEASURE OF INVESTIGATION IS SUBJECT UNDER THE FIRST PARAGRAPH OF ARTICLE 47 OF THE TREATY, THAT IS, A PRELIMINARY DECISION SETTING OUT THE REASONS WHY A REQUEST FOR INFORMATION IS NECESSARY AND SPECIFYING AND DEFINING THE INFORMATION REQUIRED, THAT THERE HAS BEEN AN INFRINGEMENT OF THE TREATY . SUCH INFORMATION, IT CLAIMS, MAY ONLY SUBSEQUENTLY BE CHECKED AND, IF NECESSARY, THE PENALTIES REFERRED TO UNDER THE THIRD PARAGRAPH OF THE SAME ARTICLE MAY BE IMPOSED IF IT IS REFUSED OR INACCURATE .
3 . THE SECOND OF THESE GROUNDS OF COMPLAINT MUST BE EXAMINED FIRST .
BY PROVIDING IN A SINGLE SECTION THE TWO PROPOSITIONS THAT 'THE HIGH AUTHORITY MAY OBTAIN THE INFORMATION IT REQUIRES TO CARRY OUT ITS TASKS . IT MAY HAVE ANY NECESSARY CHECKS MADE', THE FIRST PARAGRAPH OF ARTICLE 47 ESTABLISHES, FIRST THE DUTIES OF UNDERTAKING TO PROVIDE INFORMATION AND, SECONDLY, THE EXTENT OF THE INQUIRIES, WHICH MAY BE MADE AT THE SAME TIME . NOTHING IN THE WORDING OF THIS PROVISION ALLOWS ONE TO INFER FROM IT THE IMPLIED PROVISION THAT A PRELIMINARY DECISION IS TO BE ADOPTED BEFORE ANY CHECK IS MADE .
IN FACT, ALTHOUGH AN INSPECTION ONLY IMPLIES AN EXAMINATION AS TO THE ACCURACY OF THE INFORMATION PROVIDED, THE CHECK PROVIDED FOR IN ARTICLE 47 APPLIES NOT ONLY GENERALITER TO ALL THE INQUIRIES WHICH THE HIGH AUTHORITY IS ENTITLED TO MAKE IN ORDER TO CARRY OUT ITS TASKS WHICH GO BEYOND THE IMPOSITION OF LEVIES OR OF OTHER PARAFISCAL CHARGES,THE INSTITUTION OF PROCEEDINGS FOR VIOLATIONS OF THE TREATY AND THE IMPLEMENTING DECISIONS ADOPTED THEREUNDER, BUT ALSO TO ITS MANY DUTIES OF OBTAINING INFORMATION, FOR EXAMPLE, UNDER SUBPARAGRAPHS ( 1 ) AND ( 5 ) OF THE THIRD PARAGRAPH OF ARTICLE 46 OF THE TREATY .
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HOWEVER, AS THE TASK OF COLLECTING INFORMATION REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 47