STATES IN CIVIL PROCEEDINGS IS THEREFORE EXCLUDED EXCEPT IN THE CASES MENTIONED IN ARTICLE 13 .
20 IN THE COMMISSION ' S VIEW , THE QUESTIONS SUBMITTED BY THE NATIONAL COURT CONCERN ONLY INFORMATION OBTAINED IN THE MEMBER STATE CONCERNED , THAT INFORMATION BEING COVERED BY THE FIRST SET OF RULES . UNDER THOSE RULES THE MEMBER STATES ARE AT LIBERTY TO PERMIT WIDER BREACHES OF PROFESSIONAL SECRECY , PROVIDED THAT THE PRINCIPLE OF PROFESSIONAL SECRECY IS MAINTAINED . IT IS CONCEIVABLE UNDER THOSE RULES FOR NATIONAL LEGISLATION TO LEAVE IT TO THE NATIONAL COURTS TO WEIGH THE INTEREST PROTECTED BY PROFESSIONAL SECRECY AGAINST OTHER LEGITIMATE INTERESTS . IN ITS VIEW , A GENERAL LEGISLATIVE PROVISION OBLIGING A PERSON TO APPEAR AS A WITNESS IN CIVIL PROCEEDINGS MAY BE REGARDED AS A PROVISION LAID DOWN BY LAW WITHIN THE MEANING OF THE LAST SENTENCE OF ARTICLE 12 ( 1 ), PROVIDED THAT THE PROVISION ALLOWS THE COURTS TO WEIGH THE AFOREMENTIONED INTERESTS AGAINST ONE ANOTHER .
THE AIMS OF DIRECTIVE 77/780 AND THE CONTEXT OF ARTICLE 12
21 FOR THE PURPOSES OF GIVING A SATISFACTORY ANSWER TO THE QUESTIONS RAISED WITH REGARD TO ARTICLE 12 ( 1 ) OF DIRECTIVE 77/780 , THAT PROVISION SHOULD BE PLACED IN THE CONTEXT OF THE OTHER PROVISIONS AND AIMS OF THE DIRECTIVE .
22 ACCORDING TO THE SECOND AND THIRD RECITALS IN ITS PREAMBLE , THE DIRECTIVE IS MEANT TO ELIMINATE ONLY THE MOST OBSTRUCTIVE DIFFERENCES BETWEEN THE LAWS OF THE MEMBER STATES AS REGARDS THE RULES TO WHICH CREDIT INSTITUTIONS ARE SUBJECT AND IT IS NECESSARY TO PROCEED BY SUCCESSIVE STAGES IN ORDER TO CREATE THE LEGISLATIVE CONDITIONS REQUIRED FOR A COMMON MARKET FOR CREDIT INSTITUTIONS .
23 ARTICLE 7 OF THE DIRECTIVE PROVIDES THAT THE COMPETENT AUTHORITIES ARE TO COLLABORATE CLOSELY . THEY ARE TO SUPPLY ONE ANOTHER WITH ALL INFORMATION CONCERNING THE MANAGEMENT AND OWNERSHIP OF CREDIT INSTITUTIONS THAT IS LIKELY TO FACILITATE THEIR SUPERVISION AND THE EXAMINATION OF THE CONDITIONS FOR THEIR AUTHORIZATION AND ALL INFORMATION LIKELY TO FACILITATE THE MONITORING OF THEIR LIQUIDITY AND SOLVENCY . THAT IS THE CONTEXT IN WHICH ARTICLE 12 ( 3 ) REQUIRES THE MEMBER STATES TO PROVIDE THAT THE AUTHORITIES RECEIVING SUCH INFORMATION MAY USE IT ONLY TO EXAMINE THE CONDITIONS FOR THE TAKING-UP AND PURSUIT OF THE BUSINESS OF CREDIT INSTITUTIONS , TO FACILITATE THE MONITORING OF SUCH INSTITUTIONS , ESPECIALLY AS REGARDS THEIR LIQUIDITY AND SOLVENCY , AND FINALLY WHERE AN ADMINISTRATIVE APPEAL IS LODGED OR COURT PROCEEDINGS ARE COMMENCED AGAINST THE DECISIONS OF THE AUTHORITY CONCERNED . TO THAT STRICT LIMITATION ON THE USE OF INFORMATION THERE IS , HOWEVER , A GENERAL EXCEPTION AS REGARDS THE USE OF INFORMATION RECEIVED IN CRIMINAL PROCEEDINGS .
24 ALTHOUGH ARTICLE 12 ( 1 ) REQUIRES THE MEMBER STATES TO LAY DOWN AN OBLIGATION TO MAINTAIN PROFESSIONAL SECRECY , IT DOES NOT DEFINE EITHER THE SUBSTANCE OR THE SCOPE THEREOF . IT LEAVES THOSE QUESTIONS TO BE DETERMINED BY THE MEMBER STATES