NOTED IN THIS CONNEXION THAT THE DISPUTED DECISION EXPLICITLY STATES THAT THE NETHERLANDS GOVERNMENT HAS NOT BEEN ABLE TO GIVE NOR HAS THE COMMISSION FOUND ANY GROUNDS ESTABLISHING THAT THE PROPOSED AID MEETS THE CONDITIONS LAID DOWN TO ENFORCE DEROGATIONS PURSUANT TO ARTICLE 92 ( 3 ) OF THE EEC TREATY .
19 THE APPLICANT MAINTAINS THAT THE COMMISSION WAS WRONG TO HOLD THAT THE STANDARD OF LIVING IN THE BERGEN-OP-ZOOM AREA IS NOT ' ' ABNORMALLY LOW ' ' AND THAT THIS AREA DOES NOT SUFFER SERIOUS ' ' UNDER-EMPLOYMENT ' ' WITHIN THE MEANING OF ARTICLE 92 ( 3 ) ( A ). IN FACT IN THE BERGEN-OP-ZOOM REGION THE UNDER-EMPLOYMENT RATE IS HIGHER AND THE PER CAPITA INCOME LOWER THAN THE NATIONAL AVERAGE IN THE NETHERLANDS .
20 AS FAR AS CONCERNS ARTICLE 92 ( 3 ) ( B ) THE APPLICANT DISPUTES THE COMMISSION ' S ASSERTION THAT THE SYSTEM OF AN ' ' ADDITIONAL PREMIUM ' ' CANNOT BE COMPARED TO AID INTENDED TO ' ' REMEDY A SERIOUS DISTURBANCE IN THE ECONOMY OF A MEMBER STATE ' ' , AND THAT TO TAKE ANY OTHER VIEW WOULD ALLOW THE NETHERLANDS IN THE CONTEXT OF AN ECONOMIC DOWNTURN AND LARGE-SCALE UNEMPLOYMENT THROUGHOUT THE WHOLE COMMUNITY TO EFFECT TO THEIR ADVANTAGE INVESTMENTS LIKELY TO BE MADE IN OTHER MEMBER STATES IN A LESS FAVOURABLE SITUATION .
21 IN THE APPLICANT ' S VIEW IT IS IMPOSSIBLE TO ANSWER THE QUESTION WHETHER THERE IS A SERIOUS DISTURBANCE IN THE ECONOMY OF A MEMBER STATE AND , IF SO , WHETHER A SPECIFIC NATIONAL AID REMEDIES THAT DISTURBANCE BY CONSIDERING , AS THE COMMISSION HAS DONE , WHETHER THE INVESTMENT BY THE UNDERTAKING TO WHICH THE AID FROM THE PARTICULAR MEMBER STATE RELATES MAY IF NECESSARY BE EFFECTED IN OTHER MEMBER STATES IN A LESS FAVOURABLE SITUATION THAN THAT MEMBER STATE .
22 FINALLY THE APPLICANT CHALLENGES THE COMMISSION ' S STATEMENT IN THE DECISION THAT AN EXAMINATION OF THE CIGARETTE MANUFACTURING INDUSTRY IN THE COMMUNITY AND IN THE NETHERLANDS SHOWS THAT MARKET CONDITIONS ALONE AND WITHOUT STATE INTERVENTION SEEM APT TO ENSURE A NORMAL DEVELOPMENT AND THAT THE DISPUTED AID CANNOT THEREFORE BE CONSIDERED AS FACILITATING THE DEVELOPMENT WITHIN THE MEANING OF ARTICLE 92 ( 3 ) ( C ).
23 THE APPLICANT TAKES THE VIEW THAT , IN PRINCIPLE , THE QUESTION WHETHER ' ' WITHOUT STATE INTERVENTION ' ' MARKET CONDITIONS ALONE ARE SUCH AS TO ENSURE A NORMAL DEVELOPMENT OF PRODUCTION IN A MEMBER STATE AND IN THE COMMUNITY IS IRRELEVANT . THE ONLY THING THAT MATTERS IS TO ASCERTAIN WHETHER THE AID FACILITATES DEVELOPMENT OR NOT . FURTHERMORE THE STATEMENT OF THE REASONS ON WHICH THE DECISION IS BASED IS INCOMPREHENSIBLE AND CONTRADICTORY .
24 THESE ARGUMENTS PUT FORWARD BY THE APPLICANT CANNOT BE UPHELD . IT SHOULD BE BORNE IN MIND THAT THE COMMISSION HAS A DISCRETION THE EXERCISE OF WHICH INVOLVES ECONOMIC AND SOCIAL ASSESSMENTS WHICH MUST BE MADE IN A