GAS IS INCREASINGLY FACING INTER-FUEL COMPETITION AND TRANSMISSION COMPANIES NEED GREATER FLEXIBILITY IN PRICE AND DELIVERY CONDITIONS VIS-A-VIS THEIR SUPPLIERS ' .
13 THE APPLICANTS SUBMIT THAT THE SPECIAL HORTICULTURAL TARIFF IS ENTIRELY DEFENSIBLE IN ECONOMIC TERMS AND IS IN ANY EVENT NECESSARY TO PREVENT A LARGE NUMBER OF GROWERS FROM CONVERTING TO COAL . FOR VARIOUS REASONS , CONVERSION TO COAL AS AN ECONOMICALLY VIABLE ALTERNATIVE COULD BE ENVISAGED MUCH MORE READILY IN THAT SECTOR THAN FOR OTHER CATEGORIES OF INDUSTRIAL CONSUMERS . IN SO FAR AS THE CONTESTED DECISION DOES NOT TAKE THOSE CONSIDERATIONS INTO ACCOUNT , IT IS INCOMPATIBLE WITH ARTICLE 92 OF THE TREATY , OR AT LEAST WITH ARTICLE 190 , SINCE THE COMMISSION DOES NOT CLEARLY STATE THE GROUNDS ON WHICH THE TARIFF FOR NATURAL GAS USED IN HORTICULTURE CONSTITUTES AID . THE COMMISSION SIMPLY REPRODUCES THE RESULTS OF ITS OWN CALCULATIONS , WITHOUT INDICATING THE METHOD APPLIED , AND SO PREVENTS ANY REVIEW OF ITS DECISION .
14 THE MARKET FOR THE CONSUMPTION OF GAS BY GLASSHOUSE-GROWERS MUST BE REGARDED AS A SEPARATE ' RELEVANT MARKET ' , AND IT IS THEREFORE IMPOSSIBLE TO BASE THE FINDING OF THE EXISTENCE OF AID ON A COMPARISON BETWEEN THE HORTICULTURAL TARIFF FOR NATURAL GAS AND THE INDUSTRIAL TARIFF . MOREOVER , THERE IS NOT A SINGLE INDUSTRIAL TARIFF , BUT A NUMBER OF DIFFERENT TARIFFS FOR DIFFERENT CONSUMERS , A FACT WHICH IS NOT TAKEN INTO ACCOUNT BY THE DECISION . LASTLY , ANY COMPARISON OF THE HORTICULTURAL TARIFF FOR NATURAL GAS SHOULD REFER TO THE CATEGORIES OF INDUSTRIAL CONSUMERS FOR WHOM A SPECIAL TARIFF IS ALSO FIXED BY GASUNIE . BY FAILING TO EXAMINE THOSE ASPECTS , THE COMMISSION INFRINGED THE PRINCIPLES THAT ALL DUE CARE SHOULD BE TAKEN AND THAT LEGITIMATE EXPECTATIONS SHOULD BE PROTECTED AND THE PRINCIPLE OF PROPORTIONALITY , OR AT LEAST ARTICLE 190 OF THE TREATY . FURTHERMORE , ARTICLE 92 DOES NOT CONFER UPON THE COMMISSION POWER TO INTERVENE GENERALLY IN THE POLICY RELATING TO NATURAL GAS TARIFFS , AND ITS INTERVENTION THUS AMOUNTS TO A MISUSE OF POWER .
15 THE APPLICANTS CLAIM THAT A SUDDEN RISE OF ABOUT 5 CENTS PER CUBIC METRE IN THE PRICE OF NATURAL GAS , SUCH AS THE COMMISSION SEEMS TO REQUIRE , WOULD CAUSE IRREVERSIBLE DAMAGE TO GLASSHOUSE-GROWERS IN THE NETHERLANDS AND RESULT IN THEIR OPERATING AT A PERMANENT LOSS . AT PRESENT , 25% OF HOLDINGS ARE ALREADY NO LONGER ABLE TO MEET ALL THEIR OBLIGATIONS . IF THE PRICE OF GAS WERE TO RISE BY 5 CENTS , 30 TO 35% OF HOLDINGS WOULD BE IN THAT POSITION . FOR MR VAN VLIET , THE PROPOSED INCREASE WOULD LEAD TO BANKRUPTCY . SERIOUS DIFFICULTIES WOULD BE CAUSED TO ABOUT 3 000 OTHER HOLDINGS , A NUMBER OF WHICH WOULD INEVITABLY DISAPPEAR .
16 IF THE POINT AT WHICH GROWERS WILL CONVERT TO COAL IS RAISED BY ABOUT 5 CENTS PER CUBIC METRE AND IF , AS IS REQUIRED BY