TO A PAPER-MANUFACTURING FIRM WHICH HAS SIX FACTORIES IN BELGIUM AND WHOSE PRINCIPAL PRODUCT IS WRITING AND PRINTING PAPER ' ' , WERE SUFFICIENTLY PRECISE FOR THE UNDERTAKINGS CONCERNED - WHICH WERE AT THAT TIME FULLY AWARE OF THE AID ALREADY GRANTED TO THEM - TO BE ENTIRELY CERTAIN THAT THEY WERE THE SUBJECTS OF THE INQUIRY .
19 THE SUBMISSION MUST THEREFORE BE DISMISSED .
20 IN ADDITION THE APPLICANT CLAIMS THAT IN THE NOTICE IN QUESTION THE COMMISSION PUBLICLY PREJUDGED ITS DECISION BY USING THE FOLLOWING WORDS : ' ' THE COMMISSION CONSIDERS THAT THE AID IS LIKELY TO HAVE AN EFFECT ON CONDITIONS OF TRADE BETWEEN MEMBER STATES TO AN EXTENT CONTRARY TO THE COMMON INTEREST ' ' .
21 IT IS TRUE THAT THE COMMISSION ' S USE OF THE WORD ' ' CONSTATE ' ' MAY AT FIRST SIGHT GIVE THE IMPRESSION THAT THE COMMISSION HAD ALREADY MADE A FINDING WHICH ARTICLE 93 ( 2 ) DOES NOT PERMIT IT TO MAKE UNTIL AFTER IT HAS INVITED THE PARTIES CONCERNED TO SUBMIT THEIR COMMENTS ; NEVERTHELESS , VIEWED IN THE CONTEXT OF THE PROCEDURE LAID DOWN BY THAT PROVISION , THE NOTICE DID NOT AND COULD NOT HAVE ANY EFFECT OTHER THAN TO MAKE KNOWN THE INITIATION OF THE PROCEDURE FOR THE INVESTIGATION OF THE AID GRANTED BY THE BELGIAN AUTHORITIES . MOREOVER , THAT WAS APPARENT FROM THE FACT THAT THE NOTICE REQUESTED THE PARTIES CONCERNED TO SUBMIT THEIR COMMENTS WITHIN A SPECIFIED PERIOD . IN ANY EVENT , THE COMMISSION WAS AT THAT STAGE FULLY ENTITLED TO MAKE KNOWN ITS RESERVATIONS ABOUT THE PLAN WHICH HAD COME TO ITS ATTENTION , SO AS TO NOTIFY ALL THE PARTIES CONCERNED OF ITS INITIAL REACTION AND THUS PERMIT THE UNDERTAKING CONCERNED TO ENSURE THAT ITS INTERESTS WERE DEFENDED .
22 THIS SUBMISSION MUST THEREFORE ALSO BE DISMISSED .
SUBMISSIONS ALLEGING AN INACCURATE ASSESSMENT OF THE FACTS AND A CONTRADICTORY AND INADEQUATE STATEMENT OF REASONS
23 THE APPLICANTS CRITICIZE THE CONTESTED DECISION - WITHOUT DISTINGUISHING BETWEEN THE APPLICATION OF ARTICLE 92 ( 1 ) AND THAT OF ARTICLE 92 ( 3 ) - ON THE GROUND THAT IT IS BASED ON A MISTAKEN ASSESSMENT OF THE FACTS AND ON A CONTRADICTORY AND INADEQUATE STATEMENT OF REASONS .
24 THEY CLAIM , MORE PARTICULARLY , THAT THE AID GRANTED IN THE FORM OF A CAPITAL HOLDING IS NOT , AS THE COMMISSION ALLEGES , MERELY ' ' RESCUE AID ' ' INTENDED TO RESOLVE THE UNDERTAKING ' S FINANCIAL PROBLEMS ; ACCORDING TO THEM , THAT PART OF THE AID - TOGETHER WITH THE LOANS AND ADVANCES CONSIDERED BY THE COMMISSION TO BE COMPATIBLE WITH THE TREATY - WAS USED TO FINANCE THE CLOSURE OF UNPROFITABLE FACTORIES AND THE CONVERSION TO PRODUCTS OFFERING A BETTER PROSPECT OF PROFITABILITY . IN THAT REGARD , THE APPLICANTS STRESS THAT THE VARIOUS FINANCIAL CONTRIBUTIONS WERE ALL USED FOR THE IMPLEMENTATION OF THE RESTRUCTURING PLAN AS A WHOLE , WITHOUT ITS