17 THE VARIOUS FACTORS REFERRED TO ABOVE LEAD TO THE CONCLUSION THAT THE COMMISSION ENCOUNTERED SERIOUS DIFFICULTIES IN CONSIDERING WHETHER THE PLAN FOR RESTRUCTURING THE BELGIAN TEXTILE AND CLOTHING INDUSTRY NOTIFIED TO IT ON 28 JULY AND 11 AUGUST 1980 WAS COMPATIBLE WITH THE TREATY . THE COMMISSION WAS THEREFORE UNDER AN OBLIGATION TO INITIATE THE CONSULTATION PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ) BEFORE TAKING ITS DECISION .
18 ALTHOUGH IT IS TRUE THAT THE COMMISSION KEPT THE OTHER MEMBER STATES INFORMED THROUGH MULTILATERAL MEETINGS OF THE NEGOTIATIONS WITH THE BELGIAN GOVERNMENT , IT IS CLEAR FROM THE ARGUMENT BEFORE THE COURT THAT THOSE CONSULTATIONS DID NOT OFFER THOSE CONCERNED OR THE COMMISSION ITSELF THE SAME GUARANTEES AND ADVANTAGES WHICH THE FORMAL CONSULTATIONS PROVIDED FOR IN ARTICLE 93 ( 2 ) OFFER .
19 IN VIEW OF THE FOREGOING IT MUST BE RECOGNIZED THAT THE COMMISSION ' S DECISION OF 18 NOVEMBER 1981 INFRINGED AN ESSENTIAL PROCEDURAL REQUIREMENT AND MUST BE DECLARED VOID ON THAT GROUND WITHOUT ITS BEING NECESSARY TO CONSIDER THE OTHER SUBMISSION PLEADED IN THE APPLICATION .
THE ALTERNATIVE CLAIM FOR A DECLARATION THAT THE COMMISSION WRONGFULLY FAILED TO ACT
20 IT MUST BE OBSERVED THAT THE ALTERNATIVE CLAIM WAS MADE IN VIEW OF THE POSSIBILITY THAT THE COURT MIGHT DECLARE THE CONTESTED DECISION OF 18 NOVEMBER 1981 VOID FOR INFRINGEMENT OF PROCEDURAL RULES WITHOUT RULING ON THE SUBMISSION THAT THE BELGIAN RESTRUCTURING PLAN IS INCOMPATIBLE WITH THE COMMON MARKET . SINCE THAT IS PRECISELY WHAT HAS HAPPENED IT IS NECESSARY TO GIVE A RULING ON THAT CLAIM IN SPITE OF THE DECLARATION THAT THE CONTESTED DECISION IS VOID .
21 THE COMMISSION CONSIDERS THAT THE CLAIM IS INADMISSIBLE SINCE THE CONDITIONS LAID DOWN BY ARTICLE 175 OF THE TREATY ARE NOT SATISFIED .
22 THE GERMAN GOVERNMENT POINTS OUT THAT AT A MEETING ON 4 DECEMBER 1981 BETWEEN THE GERMAN FEDERAL MINISTER FOR THE ECONOMY AND THE MEMBER OF THE COMMISSION RESPONSIBLE FOR COMPETITION MATTERS IT INFORMED THE LATTER THAT IT EXPECTED THE BELGIAN PLAN FOR RESTRUCTURING TO BE DECLARED INCOMPATIBLE WITH THE COMMON MARKET ; IT ALSO CONTENDS THAT THE LETTER OF 7 JANUARY 1982 WITH WHICH THE COMMISSION FORWARDED TO THE OTHER MEMBER STATES A COPY OF THE LETTER SENT ON 18 NOVEMBER 1981 TO THE BELGIAN GOVERNMENT CANNOT BE REGARDED AS A DEFINITION OF ITS POSITION WITHIN THE MEANING OF ARTICLE 175 OF THE TREATY .
23 THE SECOND PARAGRAPH OF ARTICLE 175 PROVIDES THAT AN ACTION FOR FAILURE TO ACT ' ' SHALL BE ADMISSIBLE ONLY IF THE INSTITUTION CONCERNED HAS FIRST BEEN CALLED UPON TO ACT ' ' . ALTHOUGH IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT THAT THE GERMAN GOVERNMENT EXPRESSED THE OPINION THAT THE BELGIAN PLAN WAS INCOMPATIBLE WITH THE COMMON MARKET , IT DID NOT EXPRESSLY CALL UPON THE COMMISSION TO ACT . THE FIRST CONDITION REQUIRED BY ARTICLE 175 IS THEREFORE NOT SATISFIED .
24 ACCORDINGLY , THE ALTERNATIVE CLAIM FOR A