PRODUCTION CAPACITY AND IN ITS MARKET SHARE .
27 THE DUTY LAID DOWN IN ARTICLE 214 OF THE TREATY TO PRESERVE PROFESSIONAL SECRECY , IN THIS CASE LEEUWARDER ' S BUSINESS SECRETS , CANNOT BE INVOKED AS JUSTIFICATION FOR THE DEFICIENCIES IN THE STATEMENT OF REASONS . APART FROM THE FACT THAT CERTAIN RELEVANT FACTS , IN PARTICULAR THOSE RELATING TO THE STRUCTURE OF THE MARKET , ARE MANIFESTLY NOT OF A CONFIDENTIAL NATURE SO AS TO FALL WITHIN THE OBLIGATION OF PROFESSIONAL SECRECY , THAT OBLIGATION CANNOT BE GIVEN SO WIDE AN INTERPRETATION THAT THE OBLIGATION TO PROVIDE A STATEMENT OF REASONS IS DEPRIVED OF ITS ESSENTIAL CONTENT , THUS MAKING IT DIFFICULT FOR THE MEMBER STATES AND UNDERTAKINGS CONCERNED TO PREPARE THEIR DEFENCE .
28 IN ADDITION , SINCE THE DECISION IN THIS CASE IS AN INDIVIDUAL DECISION THE ENTRY INTO EFFECT OF WHICH IS NOT DEPENDENT UPON PUBLICATION IN THE OFFICIAL JOURNAL OF THE COMMUNITY PURSUANT TO ARTICLE 191 OF THE EEC TREATY , THE COMMISSION COULD HAVE EXCLUDED FROM PUBLICATION THOSE FACTS WHICH IT CONSIDERED TO BE COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY , AS IT HAS IN FACT RECOGNIZED IN RELATION TO DECISIONS ADOPTED UNDER ARTICLES 85 AND 86 OF THE EEC TREATY IN ARTICLE 21 ( 2 ) OF REGULATION NO 17 OF 6 FEBRUARY 1962 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1959-62 , P . 87 ).
29 THE COMMISSION HAD A PARTICULAR DUTY TO PROVIDE A FULL STATEMENT OF THE REASONS FOR ITS DECISION IN THIS CASE BECAUSE ARTICLE 2 OF ITS DECISION REQUIRES THE KINGDOM OF THE NETHERLANDS TO TAKE MEASURES ' TO ENSURE THAT THE AID GRANTED DOES NOT CONTINUE TO DISTORT COMPETITION IN FUTURE , NOTABLY COMPETITION WITH UNDERTAKINGS IN OTHER MEMBER STATES ' AND BECAUSE THE CONTENT AND SCOPE OF THAT OBLIGATION MUST BE DEFINED IN THE LIGHT OF THE ELEMENTS OF FACT AND LAW WHICH LED THE COMMISSION TO CONCLUDE THAT THE AID HAD SUCH EFFECTS . MOREOVER , IF THE COMMISSION ADOPTED THE AFOREMENTIONED WORDING PRECISELY IN ORDER TO ALLOW THE NETHERLANDS GOVERNMENT SOME LATITUDE IN DECIDING WHAT MEASURES WERE TO BE TAKEN TO BRING TO AN END THE BREACH OF COMMUNITY LAW WHICH IT HAD ESTABLISHED , IT WAS OBLIGED TO PROVIDE THE GOVERNMENT WITH THE INFORMATION NECESSARY TO ENABLE THE LATTER TO ASCERTAIN WHAT MEASURES MIGHT BE CONSIDERED APPROPRIATE .
30 FOR ALL THE AFOREMENTIONED REASONS , THE COURT FINDS THAT THE CONTESTED DECISION DOES NOT COMPLY WITH THE REQUIREMENT LAID DOWN IN ARTICLE 190 OF THE EEC TREATY THAT IT MUST STATE THE REASONS ON WHICH IT IS BASED AND DECLARES THE DECISION VOID ON THE GROUND THAT IT INFRINGES AN ESSENTIAL PROCEDURAL REQUIREMENT WITHOUT ITS BEING NECESSARY TO EXAMINE THE OTHER SUBMISSIONS MADE BY THE APPLICANTS .
Decision on costs
COSTS
31 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED