ANTI-DUMPING DUTY WAS MADE EQUAL TO THE DUMPING MARGIN WHICH WAS FOUND TO EXIST ' TAKING INTO ACCOUNT THE EXTENT OF THE INJURY CAUSED TO TIMEX BY THE DUMPED IMPORTS ' . THE CONTESTED REGULATION IS THEREFORE BASED ON THE APPLICANT ' S OWN SITUATION .
16 IT FOLLOWS THAT THE CONTESTED REGULATION CONSTITUTES A DECISION WHICH IS OF DIRECT AND INDIVIDUAL CONCERN TO TIMEX WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY . AS THE COURT HELD IN ITS JUDGMENT OF 4 OCTOBER 1983 IN CASE 191/82 EEC SEED CRUSHERS ' AND OIL PROCESSORS ' FEDERATION ( FEDIOL ) V COMMISSION ( ( 1983 ) ECR 2913 ), THE APPLICANT IS THEREFORE ENTITLED TO PUT BEFORE THE COURT ANY MATTERS WHICH WOULD FACILITATE A REVIEW AS TO WHETHER THE COMMISSION HAS OBSERVED THE PROCEDURAL GUARANTEES GRANTED TO COMPLAINANTS BY REGULATION NO 3017/79 AND WHETHER OR NOT IT HAS COMMITTED MANIFEST ERRORS IN ITS ASSESSMENT OF THE FACTS , HAS OMITTED TO TAKE ANY ESSENTIAL MATTERS INTO CONSIDERATION OR HAS BASED THE REASONS FOR ITS DECISION ON CONSIDERATIONS AMOUNTING TO A MISUSE OF POWERS . IN THAT RESPECT , THE COURT IS REQUIRED TO EXERCISE ITS NORMAL POWERS OF REVIEW OVER A DISCRETION GRANTED TO A PUBLIC AUTHORITY , EVEN THOUGH IT HAS NO JURISDICTION TO INTERVENE IN THE EXERCISE OF THE DISCRETION RESERVED TO THE COMMUNITY AUTHORITIES BY THE AFOREMENTIONED REGULATION .
17 SINCE THE ACTION IS THEREFORE ADMISSIBLE , THE OBJECTION OF INADMISSIBILITY RAISED BY THE COUNCIL AND THE COMMISSION MUST BE DISMISSED .
SUBSTANCE
18 TIMEX ADVANCED THREE SUBMISSIONS IN SUPPORT OF ITS APPLICATION . THEY ARE THAT IN BREACH OF ARTICLE 2 ( 5 ) OF REGULATION NO 3017/79 THE NORMAL VALUE OF THE DUMPED WATCHES WAS DETERMINED INCORRECTLY , THAT IN BREACH OF ARTICLE 7 ( 4 ) ( A ) OF THE SAME REGULATION IT WAS REFUSED CERTAIN INFORMATION , AND THAT IN BREACH OF ARTICLE 190 OF THE EEC TREATY NO ADEQUATE STATEMENT OF REASONS WAS PROVIDED .
19 IN VIEW OF ALL THE ARGUMENTS PUT FORWARD , IT IS NECESSARY TO EXAMINE FIRST THE SUBMISSION ALLEGING A BREACH OF ARTICLE 7 ( 4 ) ( A ) OF REGULATION NO 3017/79 . THAT PROVISION STATES THAT :
' THE COMPLAINANT . . . MAY INSPECT ALL INFORMATION MADE AVAILABLE TO THE COMMISSION BY ANY PARTY TO AN INVESTIGATION . . . , PROVIDED THAT IT IS RELEVANT TO THE DEFENCE OF ( ITS ) INTERESTS AND NOT CONFIDENTIAL WITHIN THE MEANING OF ARTICLE 8 AND THAT IT IS USED BY THE COMMISSION IN THE INVESTIGATION . TO THIS END , ( IT ) SHALL ADDRESS A WRITTEN REQUEST TO THE COMMISSION , INDICATING THE INFORMATION REQUIRED . '
20 ARTICLE 8 , TO WHICH THAT PROVISION REFERS , PROVIDES INTER ALIA THAT :
' ( 2 ) ( A ) NEITHER THE COUNCIL , NOR THE COMMISSION , NOR MEMBER STATES , NOR THE OFFICIALS OF