IN THE LIGHT OF THE ARGUMENTS PUT FORWARD BY THE PARTIES IN THE MAIN PROCEEDINGS , TO WHICH THE COURT HAS BEEN REFERRED BY THE NATIONAL COURT .
7 NICOLET CONSIDERS THAT THE COMMISSION ' S DECISION IS INVALID ON THE GROUNDS THAT IT DOES NOT CONTAIN AN ADEQUATE STATEMENT OF THE REASONS ON WHICH IT IS BASED , CONTRARY TO ARTICLE 190 OF THE TREATY , THAT IT WAS ADOPTED IN BREACH OF NICOLET ' S FUNDAMENTAL RIGHT TO BE HEARD AND , FINALLY , THAT IT IS BASED ON A MANIFEST ERROR OF ASSESSMENT .
8 IN SUPPORT OF ITS FIRST COMPLAINT ALLEGING THE ABSENCE OR THE INADEQUACY OF THE STATEMENT OF REASONS ON WHICH THE CONTESTED DECISION IS BASED , NICOLET CLAIMS THAT THE COMMISSION CONFINES ITSELF TO REFERRING TO THE OPINION OF A GROUP OF EXPERTS , WITHOUT PROVIDING ANY FURTHER DETAILS , AND TO ASSERTING THAT ' APPARATUS OF THE SAME KIND IS PRINCIPALLY USED FOR NON-SCIENTIFIC ACTIVITIES ' , WHICH IS A SECONDARY CRITERION OF ASSESSMENT TO WHICH THE COMMISSION MAY HAVE RECOURSE ONLY IF IT DOES NOT ARRIVE AT A CLEAR CONCLUSION ON THE BASIS OF THE PRINCIPAL CRITERION OF ASSESSMENT , THAT IS TO SAY , WHETHER OR NOT THE APPARATUS IN QUESTION IS OF A SCIENTIFIC CHARACTER .
9 IT APPEARS FROM THE SECOND AND THIRD RECITALS IN THE PREAMBLE TO THE CONTESTED DECISION , ON THE ONE HAND , THAT IT WAS ADOPTED IN ACCORDANCE WITH THE OPINION OF A GROUP OF EXPERTS COMPOSED OF REPRESENTATIVES OF THE MEMBER STATES WHICH MET ON 2 JULY 1982 WITHIN THE FRAMEWORK OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND , ON THE OTHER HAND , THAT ' THE APPARATUS IN QUESTION IS A SIGNAL ANALYSER ; . . . IT DOES NOT HAVE THE REQUISITE OBJECTIVE CHARACTERISTICS MAKING IT SPECIFICALLY SUITED TO SCIENTIFIC RESEARCH . . . ' .
10 ALTHOUGH IT IS TRUE THAT THE COURT HAS CONSISTENTLY HELD THAT THE STATEMENT OF REASONS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE REASONS ON WHICH A DECISION IS BASED MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .
11 IN THIS CASE , IT MUST BE POINTED OUT THAT ALTHOUGH THE STATEMENT OF THE REASONS ON WHICH THE COMMISSION ' S DECISION IS BASED IS SOMEWHAT LACONIC , IT NONE THE LESS SATISFIES THE MINIMAL REQUIREMENT OF ARTICLE 190 OF THE