PRESIDENT SHOULD REFUSE TO SUSPEND THE OPERATION OF THE DECISION , THE APPLICANTS CLAIM THAT THE COURT SHOULD ORDER THE COMMISSION TO MAINTAIN ITS DECISION , EVEN IF IT IS COMPLIED WITH IN ANY RESPECT BY THE NETHERLANDS GOVERNMENT . THE APPLICANTS HAVE AN INTEREST IN ENSURING THAT THE PROCEDURE PURSUANT TO ARTICLE 173 OF THE EEC TREATY IS CONCLUDED .
3 IT APPEARS THAT THE SUBJECT-MATTER OF CASES 67/85 R , 68/85 R AND 70/85 R IS RELATED , AND THE PARTIES AND THE ADVOCATE GENERAL HAVE RAISED NO OBJECTION TO THEIR BEING JOINED . THE THREE CASES MUST THEREFORE BE JOINED FOR THE PURPOSES OF THE INTERIM ORDER .
4 BY ORDERS OF 25 APRIL 1985 , THE GOVERNMENTS OF THE UNITED KINGDOM , THE FEDERAL REPUBLIC OF GERMANY AND DENMARK WERE ALLOWED TO INTERVENE IN CASE 70/85 R IN SUPPORT OF THE DEFENDANT ' S CONCLUSIONS . BY AN ORDER OF THE SAME DATE , THE GOVERNMENT OF DENMARK WAS ALSO ALLOWED TO INTERVENE IN CASES 67/85 R AND 68/85 R IN SUPPORT OF THE DEFENDANT ' S CONCLUSIONS .
5 ARTICLE 1 OF THE COMMISSION DECISION AT ISSUE PROVIDES THAT THE TARIFF CHARGED TO GLASSHOUSE-GROWERS FOR NATURAL GAS IN THE NETHERLANDS FROM 1 OCTOBER 1984 IS INCOMPATIBLE WITH THE COMMON MARKET WITHIN THE MEANING OF ARTICLE 92 OF THE EEC TREATY AND MUST BE DISCONTINUED . ARTICLE 2 PROVIDES THAT THE KINGDOM OF THE NETHERLANDS MUST INFORM THE COMMISSION BEFORE 15 MARCH 1985 OF THE ACTION WHICH IT HAS TAKEN TO COMPLY WITH ARTICLE 1 .
6 THE COMMISSION WAS NOTIFIED OF THE HORTICULTURAL TARIFF FOR NATURAL GAS APPLICABLE FROM 1 OCTOBER 1984 TO 1 OCTOBER 1985 BY A TELEX MESSAGE DATED 4 OCTOBER 1984 FROM THE NETHERLANDS PERMANENT REPRESENTATION . SUBSEQUENTLY , ON 11 OCTOBER 1984 , THE COMMISSION REQUESTED THE NETHERLANDS MINISTRY OF AGRICULTURE FOR ADDITIONAL INFORMATION AND STATED THAT ACCORDING TO ARTICLE 93 ( 3 ) OF THE TREATY THE MEMBER STATES SHOULD NOT PUT THE PROPOSED MEASURES INTO EFFECT UNTIL THE REVIEW PROCEDURE HAD RESULTED IN A FINAL DECISION .
7 ON 27 NOVEMBER 1984 THE COMMISSION INITIATED THE PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ) OF THE TREATY AND REQUESTED THE NETHERLANDS GOVERNMENT TO SUBMIT ITS COMMENTS WITHIN A PERIOD OF THREE WEEKS . AT THE SAME TIME IT REQUESTED THE NETHERLANDS GOVERNMENT TO ADOPT THE MEASURES NECESSARY TO SUSPEND THE OPERATION OF THE AID MEASURE CONCERNED AND STATED THAT IT HAD APPLIED THAT MEASURE IN BREACH OF ARTICLE 93 ( 3 ). IT POINTED OUT THAT STEPS COULD BE TAKEN TO RECOVER THE RESULTING FINANCIAL BENEFITS . THE PARTIES CONCERNED WERE GIVEN NOTICE TO SUBMIT THEIR COMMENTS IN A COMMUNICATION PUBLISHED IN THE OFFICIAL JOURNAL . THAT COMMUNICATION AGAIN STATED THAT THE PROCEDURE UNDER ARTICLE 93 ( 2 ) HAD THE EFFECT OF SUSPENDING OPERATION OF THE AID AND EXPRESSLY STATED THAT ANY AID GRANTED PRIOR TO A FINAL DECISION UNDER THAT PROCEDURE MIGHT BE SUBJECT TO CLAIMS