60 . ON THE CONTRARY , A UNIFORM DEFINITION IS ESSENTIAL BOTH IN THE INTERESTS OF LEGAL CERTAINTY AND IN ORDER TO AVOID INCONSISTENCIES IN THE APPLICATION OF COMMUNITY LAW . ACCORDING TO THE COMMISSION , IT FOLLOWS THAT DECISION NO 30/53 , AS AMENDED , HAS AN ADEQUATE LEGAL BASIS IN ARTICLE 60 OF THE TREATY , READ IN CONJUNCTION WITH ARTICLE 63(2 ) THEREOF , ON BOTH OF WHICH IT IS BASED .
17 TURNING TO THE QUESTION OF THE APPLICATION OF THE GENERAL LEGISLATION AT ISSUE TO THIS CASE , THE COMMISSION SETS OUT THE VARIOUS ELEMENTS WHICH , IN ITS OPINION , SUPPORT THE CONCLUSION THAT SSK IS INDEED THE SELLING AGENCY OF LAMINOIRS . AS FAR AS DIRECT SALES ARE CONERNED , IT STRESSES THAT SSK HOLDS NO STOCKS , WITH THE RESULT THAT LAMINOIRS PRODUCTS ARE DISPATCHED DIRECT FROM THE PRODUCER TO THE ULTIMATE CUSTOMERS . LAMINOIRS ' CONTROL OVER SSK IS DEMONSTRATED NOT ONLY BY THE LARGE SHARE OF SSK ' S TOTAL TURNOVER ( 48% ) ACCOUNTED FOR BY LAMINOIRS PRODUCTS BUT ALSO BY THE EXCEPTIONALLY LONG DURATION - AT LEAST 18 YEARS - OF THE EXCLUSIVE DISTRIBUTORSHIP AGREEMENT . FURTHERMORE , THE AGREEMENT STIPULATES THAT ( A ) LAMINOIRS IS ENTITLED TO HAVE SSK ' S EMPLOYEES ACCOMPANIED BY ITS OWN EMPLOYEES ON VISITS TO CUSTOMERS , ( B ) ORDERS FROM SSK ' S CUSTOMERS ARE TO BE ACKNOWLEDGED BY LAMINOIRS , AND ( C ) SSK IS REQUIRED TO SEND LAMINOIRS THE DUPLICATES OF INVOICES RELATING TO LAMINOIRS PRODUCTS AND TO SUBMIT FOR LAMINOIRS ' APPROVAL ANY CIRCULARS TO ITS CUSTOMERS . THE ABOVE CLAUSES EFFECTIVELY ENABLE LAMINOIRS TO DETERMINE HOW SSK OPERATES .
18 LASTLY , THE COMMISSION CONTENDS THAT THE REASONS ON WHICH DECISION NO 5462 IS BASED ARE ADEQUATELY SET OUT , SINCE THE WORDING OF ARTICLE 64 OF THE ECSC TREATY ITSELF , WHICH ALLOWS FINES TO BE IMPOSED OF UP TO TWICE THE VALUE OF SALES EFFECTED IN DISREGARD OF THE RULES , SHOWS THE AMOUNT OF THE FINE TO BE QUITE APPROPRIATE . IN PURSUANCE OF THAT ARTICLE THE COMMISSION ' S POLICY IS TO INCREASE THE FINE BY 50% IN CASES OF SERIOUS INFRINGEMENT .
19 IN VIEW OF THOSE ARGUMENTS , CONSIDERATION SHOULD FIRST BE GIVEN TO THE SUBMISSION THAT THERE IS NO ADEQUATE STATEMENT OF THE GROUNDS ON WHICH DECISION NO 5462 IS BASED . SINCE A FUNDAMENTAL ELEMENT OF THAT DECISION IS THE FINDING THAT SSK IS THE SELLING AGENCY FOR LAMINOIRS , WHICH IS A PREREQUISITE IF INFRINGEMENTS COMMITTED BY SSK ARE TO BE IMPUTED TO USINOR , THE COURT SHOULD OF ITS OWN MOTION INQUIRE WHETHER THE STATEMENT OF REASONS IS ADEQUATE IN THAT RESPECT .
20 THE COURT HAS CONSISTENTLY HELD THAT THE STATEMENT OF REASONS FOR A DECISION ADVERSELY AFFECTING AN UNDERTAKING MUST BE SUCH AS TO ALLOW THE COURT TO REVIEW ITS LEGALITY AND TO PROVIDE THE UNDERTAKING CONCERNED WITH THE INFORMATION NECESSARY TO