THE INTERESTS OF GOOD ADMINISTRATION FOR THE COMMISSION, WHEN, AT THE END OF THE PRELIMINARY EXAMINATION, IT CONSIDERS THAT THE AID CONFORMS WITH THE TREATY, TO INFORM THE STATE CONCERNED, IT IS NOT HOWEVER BOUND TO TAKE A DECISION THEREON WITHIN THE MEANING OF ARTICLE 189 OF THE TREATY, SINCE ARTICLE 93 REQUIRES SUCH A STEP ONLY AT THE END OF THE CONTENTIOUS PROCEDURE .
IT IS NOT POSSIBLE TO CONCLUDE THAT THE MEASURE OF AID IS COMPATIBLE WITH THE TREATY FROM THE FACT THAT THE COMMISSION DID NOT CONSIDER ITSELF OBLIGED TO INITIATE THE CONTENTIOUS INVESTIGATION PROCEDURE WITHIN THE REASONABLE PERIOD REFERRED TO ABOVE .
ARTICLE 93 ( 1 ) REQUIRES THE COMMISSION, IN COOPERATION WITH MEMBER STATES, TO KEEP UNDER CONSTANT REVIEW ALL EXISTING SYSTEMS OF AID .
AID IMPLEMENTED, DURING THE COMMISSION' S SILENCE, AFTER A PERIOD NECESSARY FOR ITS PRELIMINARY EXAMINATION, IS THUS SUBJECT, AS AN EXISTING AID, TO THE PROVISIONS OF ARTICLE 93 ( 1 ) AND ( 2 ).
6 IN THE FIRST PLACE, THEREFORE, IT IS PROPER TO REPLY TO THE QUESTIONS PUT THAT ARTICLE 93 ( 3 ) OF THE TREATY MUST BE INTERPRETED AS MEANING THAT IF THE COMMISSION, DURING THE PRELIMINARY PERIOD, ARRIVES AT THE CONCLUSION THAT THERE IS NO NEED TO INITIATE THE CONTENTIOUS PROCEDURE, IT IS NOT BOUND TO ISSUE A DECISION WITHIN THE MEANING OF ARTICLE 189 .
THIS SAME PROVISION IMPLIES, MOREOVER, THAT, IF THE COMMISSION, AFTER HAVING BEEN INFORMED BY A MEMBER STATE OF A PLAN TO GRANT OR ALTER AID, FAILS TO INITIATE THE CONTENTIOUS PROCEDURE, THIS STATE MAY, AT THE EXPIRATION OF A PERIOD SUFFICIENT TO ENABLE A PRELIMINARY EXAMINATION OF THE PLAN, GRANT THE PROPOSED AID, PROVIDED THAT IT HAS GIVEN PRIOR NOTICE TO THE COMMISSION, AND THIS AID WILL THEN COME UNDER THE SYSTEM OF EXISTING AIDS .
IN VIEW OF THE ANSWERS GIVEN TO QUESTIONS ( A ), ( B ) AND ( C ), QUESTION ( D ) DOES NOT ARISE .
7 THE THIRD QUESTION ASKS WHETHER THE TERM " MEMBER STATE " IN ARTICLE 93 ( 3 ) OF THE TREATY MUST BE INTERPRETED AS MEANING THAT THE INDIVIDUAL HAS A DIRECT RIGHT IN THE NON-INFRINGEMENT OF THIS PROVISION OR WHETHER IT, AT THE VERY LEAST, REQUIRES THE NATIONAL COURT OF ITS OWN MOTION TO TAKE ACCOUNT OF THE INVALIDITY OF A LAW WHICH GRANTS AID IN CONTRAVENTION OF THE PROHIBITION ON IMPLEMENTATION LAID DOWN IN ARTICLE 93 ( 3 ).
8 IT HAS ALREADY BEEN DECIDED IN THE JUDGMENT OF 15 JULY 1964 ( CASE 6/64, REC . 1964, P . 1141 ), THAT THE PROHIBITION ON IMPLEMENTATION REFERRED TO IN THE LAST SENTENCE OF ARTICLE 93 ( 3 ) HAS A DIRECT EFFECT AND GIVES RISE TO RIGHTS IN FAVOUR OF INDIVIDUALS, WHICH NATIONAL COURTS ARE BOUND TO SAFEGUARD .
THE IMMEDIATELY APPLICABLE NATURE OF THIS PROHIBITION EXTENDS TO THE WHOLE OF THE PERIOD TO WHICH IT APPLIES .
THUS THE DIRECT EFFECT OF THE