BASIS OF A LEGISLATIVE PROVISION SPECIALLY ENACTED FOR THAT PURPOSE . FURTHERMORE , THE AIM OF THE DIRECTIVE IS TO GUARANTEE THAT THE INFORMATION EXCHANGED BY THE COMPETENT AUTHORITIES IS NOT SUBJECT TO DIFFERENT NATIONAL RULES . ARTICLE 12 ( 2 ) IS CLEARLY INTENDED TO BE AN EXCEPTION TO PARAGRAPH ( 1 ). FINALLY , THE DIRECTIVE WAS INTENDED TO LEAVE SCOPE FOR NATIONAL LEGISLATIVE PROVISIONS ON PROFESSIONAL SECRECY WITHIN THE MEANING OF ARTICLE 12 ( 1 ) ONLY IN THE AREAS MENTIONED IN ARTICLE 12 ( 3 ).
13 THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY TAKES THE VIEW THAT ARTICLE 12 ( 1 ) OF THE DIRECTIVE COVERS ANY DISCLOSURE OF CONFIDENTIAL INFORMATION AND THEREFORE ALSO COVERS THE DISCLOSURE OF INFORMATION TO THE OTHER PARTY IN A CIVIL ACTION . PROFESSIONAL SECRECY IS AN IMPORTANT PRECONDITION FOR PROPER BANK SUPERVISION . SINCE THE VARIOUS COUNCIL DIRECTIVES CONCERNING FREEDOM OF ESTABLISHMENT , THE ACTIVITIES AND SUPERVISION OF CREDIT INSTITUTIONS REQUIRE THE NATIONAL AUTHORITIES TO EXCHANGE CERTAIN IMPORTANT INFORMATION ON CREDIT INSTITUTIONS , THE PROTECTION OF PROFESSIONAL SECRECY MUST ALSO BE GUARANTEED BEYOND A MEMBER STATE ' S FRONTIERS . AS REGARDS THE SECOND AND THIRD QUESTIONS , THE GERMAN GOVERNMENT OBSERVES THAT ARTICLE 12 ( 1 ) LEAVES IT TO THE MEMBER STATES TO REGULATE THE DISCLOSURE OF CONFIDENTIAL INFORMATION BY SPECIAL OR GENERAL PROVISIONS LAID DOWN BY LAW .
14 THE GOVERNMENT OF THE ITALIAN REPUBLIC OBSERVES THAT THE DIRECTIVE REFERS TO THE CONCEPT OF PROFESSIONAL SECRECY AS IT EXISTS IN THE LEGISLATION OF THE MEMBER STATES . IT IS THEREFORE ACCEPTED THAT GENERAL INTERESTS MAY OVERRIDE THE INTERESTS PROTECTED BY PROFESSIONAL SECRECY . THE DIRECTIVE ITSELF DEFINES THE POSSIBLE LIMITS TO THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY BY MEANS OF A FORMAL CRITERION , NAMELY A PROVISION LAID DOWN BY LAW . NEVERTHELESS , AN EXTREMELY WIDE AND IMPRECISE DEFINITION OF PROVISIONS LAID DOWN BY LAW MIGHT MAKE THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY MEANINGLESS . CONSEQUENTLY , A PROVISION OF NATIONAL LAW ALLOWING AN EXCEPTION TO THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY WITHOUT INDICATING SUFFICIENTLY CLEARLY THE CIRCUMSTANCES AND GROUNDS OF PUBLIC INTEREST WHICH MIGHT JUSTIFY THE EXCEPTION WOULD BE CONTRARY TO THE AIM AND SPIRIT OF THE DIRECTIVE .
15 AS REGARDS THE SECOND QUESTION , THE ITALIAN GOVERNMENT TAKES THE VIEW THAT ARTICLE 12 DOES NOT PRESCRIBE THE WAY OR THE FORM IN WHICH DISPENSATIONS FROM THE OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY MUST BE LAID DOWN BY NATIONAL LEGISLATION .
16 AS REGARDS THE THIRD QUESTION , THE ITALIAN GOVERNMENT CONSIDERS THAT IT CANNOT BE RESOLVED IN THE CONTEXT OF AN INTERPRETATION OF COMMUNITY LAW .
17 LIKE THE GERMAN GOVERNMENT , THE UNITED KINGDOM EMPHASIZES THE FUNDAMENTAL IMPORTANCE OF PROFESSIONAL SECRECY FOR THE ACQUISITION AND EXCHANGE OF CONFIDENTIAL INFORMATION BY AND BETWEEN THE COMPETENT AUTHORITIES . IN ORDER , THEREFORE , TO ENCOURAGE THIS EXCHANGE OF INFORMATION , SPECIFIC PROVISIONS WERE ADOPTED IN PARAGRAPHS 2 AND 3 OF ARTICLE 12 FOR