SUSPENSION OF PAYMENTS . ON 9 FEBRUARY 1983 RSV WAS GRANTED A SUSPENSION OF PAYMENTS . IT FOLLOWS THAT, EVEN IF THE COMMISSION' S DECISION WERE ANNULLED, RSV WOULD BE OBLIGED TO REIMBURSE THE AID IN QUESTION TO THE NETHERLANDS GOVERNMENT .
10 THAT ARGUMENT CANNOT BE UPHELD . AS THE APPLICANT STATED IN THE COURSE OF THE PROCEEDINGS, A CASE IS AT PRESENT PENDING BEFORE THE RAAD VAN STATE ( STATE COUNCIL ) OF THE NETHERLANDS AS THE RESULT OF AN ACTION BROUGHT BY RSV AGAINST THE DECISION OF THE NETHERLANDS STATE DEMANDING THE REIMBURSEMENT OF CERTAIN SUMS GRANTED TO RSV, INCLUDING A SUM OF HFL*294*MILLION WHICH IS THE SUBJECT OF THE CONTESTED DECISION OF THE COMMISSION . IF RSV WERE TO SUCCEED IN ITS ACTION ON THE BASIS OF SUBMISSIONS OF DOMESTIC LAW IN THAT CASE, THE COMMISSION' S DECISION WOULD CONSTITUTE FOR THE GOVERNMENT THE SOLE JUSTIFICATION FOR ITS REQUEST FOR REIMBURSEMENT .
11 THE APPLICANT THEREFORE HAS A LEGITIMATE INTEREST IN BRINGING THESE PROCEEDINGS .
SUBSTANCE
12 IT IS APPROPRIATE TO EXAMINE IN THE FIRST PLACE THE SECOND SUBMISSION WHEREBY THE APPLICANT CLAIMS THAT, BY WAITING 26 MONTHS BEFORE MAKING THE CONTESTED DECISION, THE COMMISSION DISREGARDED THE REQUIREMENTS OF LEGAL CERTAINTY AND FAILED TO COMPLY WITH THE RULES OF GOOD ADMINISTRATION . THAT DELAY CAUSED RSV, ITS SHAREHOLDERS AND CREDITORS TO BELIEVE THAT THE SUMS ALLOCATED BY WAY OF THE AID IN QUESTION LAWFULLY BELONGED TO THAT COMPANY .
13 ACCORDING TO THE COMMISSION, THE DELAY IN ADOPTING THE DECISION WAS DUE TO ITS UNDERSTANDING ATTITUDE TOWARDS THE DIFFICULTIES OF RSV . THE LATTER' S SITUATION WAS SO COMPLEX AND THE IMPLICATIONS OF ITS COLLAPSE SO SERIOUS THAT IT WAS IMPOSSIBLE TO TAKE A DECISION SOONER . IT WAS NOT UNTIL 24 OCTOBER 1984 THAT THE COMMISSION RECEIVED FROM THE NETHERLANDS GOVERNMENT CONCRETE INFORMATION ON THE CESSATION OF RSV' S OFFSHORE ENGINEERING ACTIVITIES, INFORMATION WHICH ENABLED IT TO FORM AN OPINION ON THE QUESTION AS A WHOLE .
14 THE COMMISSION HAS GIVEN NO VALID JUSTIFICATION FOR THE LONG TIME IT TOOK TO GIVE ITS DECISION . ALL IT HAS DONE IS TO REFER TO THE COMPLEXITY OF THE SITUATION OF THE RSV GROUP AND THE DELAY ON THE PARTOF THE NETHERLANDS GOVERNMENT IN PROVIDING IT WITH THE NECESSARY INFORMATION . IT IS APPARENT, HOWEVER, FROM THE DOCUMENTS BEFORE THE COURT THAT THE AID IN QUESTION CONCERNED ONLY THE SUPPLEMENTARY COSTS OF ONE OPERATION, THE CESSATION OF THE RSV GROUP' S OFFSHORE ENGINEERING ACTIVITIES, WHICH HAD ALREADY BEEN THE SUBJECT OF AID AUTHORIZED BY THE COMMISSION .
15 THE SITUATION WAS THEREFORE KNOWN TO THE COMMISSION AND THE REASONS WHICH CAUSED THE COSTS COVERED BY THE AID AUTHORIZED ON 26 MARCH 1981 TO BE EXCEEDED DID NOT CALL FOR DEEP RESEARCH . IT WAS MISMANAGEMENT AND UNFAVOURABLE MARKET CONDITIONS WHICH HAD BROUGHT ABOUT THE CANCELLATION OF A CONTRACT FOR THE CONSTRUCTION OF A SPECIAL KIND OF DREDGING PLATFORM .
16 IT IS FURTHER APPARENT FROM THE