CONFLICT ARISES, MUST GRANT SUCH PRIORITY TO CERTAIN GENERAL OBJECTIVES AS APPEAR NECESSARY, HAVING REGARD TO THE ECONOMIC FACTS OR CIRCUMSTANCES IN THE LIGHT OF WHICH IT ADOPTS ITS DECISIONS . IF THE DIFFICULTIES FROM WHICH CERTAIN UNDERTAKINGS SUFFER ARE LIKELY TO LEAD TO WIDESPREAD UNEMPLOYMENT WHICH WILL FRUSTRATE THE PURSUIT OF THESE GENERAL OBJECTIVES OF A SOCIAL NATURE, THE COMMUNITY MUST INTRODUCE MEASURES WHICH WILL ENSURE OBSERVANCE OF THESE OBJECTIVES IN PARTICULAR . RECOURSE TO THE FOURTH PARAGRAPH OF ARTICLE 70 OF THE TREATY, IN ORDER TO ENABLE THE UNDERTAKINGS CONCERNED TO ADJUST THEMSELVES AS SOON AS POSSIBLE TO THE NEW CONDITIONS OF COMPETITION RATHER THAN TO GRANT THEM A PERMANENT SUBSIDY WHICH WOULD BE CONTRARY TO THE GENERAL OBJECTIVES OF THE TREATY, MAY CONSTITUTE AN APPROPRIATE MEASURE WITH WHICH TO MEET DIFFICULTIES OF THIS TYPE . FOR THIS REASON THIS COMPLAINT CANNOT BE ACCEPTED .
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THE APPLICANT FURTHER MAINTAINS THAT THE CONTESTED DECISION INFRINGES THE FOURTH PARAGRAPH OF ARTICLE 70 OF THE TREATY, IN THAT, CONTRARY TO THE PROVISION REFERRING TO SPECIAL RATES AND CONDITIONS IN THE INTEREST " OF ONE OR MORE COAL - OR STEEL-PRODUCING UNDERTAKINGS ", IT AUTHORIZED THE RATES AND CONDITIONS IN DISPUTE WITHOUT CONSIDERING INDIVIDUALLY THE BASIC OPERATING CONDITIONS OF EACH OF THE UNDERTAKINGS OF THE SAARLAND REFERRED TO . IN PARTICULAR, THE APPLICANT MAINTAINS THAT THE CONTESTED DECISION SUPPLIES INSUFFICIENT INFORMATION CONCERNING THE DIRECT AND INDIRECT EFFECTS OF THE ABOVEMENTIONED CANALIZATIONS ON THE STEEL-WORKS ESTABLISHED IN THE SAARLAND AND IT DOES NOT MAKE IT POSSIBLE TO ASSESS WHETHER OR NOT THE RATES AND CONDITIONS IN DISPUTE INVOLVE EXCESSIVE AID TO THE RECIPIENT UNDERTAKINGS .
TO ALLOW THE APPLICATION OF SPECIAL RATES AND CONDITIONS IN THE INTEREST OF ONE OR MORE UNDERTAKINGS DOES NOT NECESSARILY IMPLY INDIVIDUAL MEASURES PECULIAR TO EACH UNDERTAKING AND IN NO WAY EXCLUDES THE INTRODUCTION OF MEASURES ADAPTED TO A GROUP OF UNDERTAKINGS WHICH ARE SIMILARLY PLACED . FURTHERMORE, THE CANALIZATION OF THESE RIVERS CHANGED THE CONDITIONS OF COMPETITION IN THE TRANSPORT SECTOR BETWEEN THE UNDERTAKINGS OF THE SAARLAND GOVERNED BY THE ECSC TREATY AND COMPETING UNDERTAKINGS ESTABLISHED IN OTHER INDUSTRIAL DISTRICTS AND IN A POSITION TO USE THE NEW WATERWAYS . THUS, THIS CANALIZATION AFFECTS CONDITIONS OF COMPETITION BETWEEN THE DIFFERENT INDUSTRIAL DISTRICTS RATHER THAN BETWEEN UNDERTAKINGS CONSIDERED INDIVIDUALLY . THEREFORE, THE ADVANTAGE GRANTED TO THE UNDERTAKINGS OF THE SAARLAND BY THE RATES AND CONDITIONS IN DISPUTE TO ENABLE THEM TO OVERCOME THE DIFFICULTIES WHICH THEY FACE AS A RESULT OF THIS CANALIZATION MAY ALSO BE OF A GENERAL NATURE . AS REGARDS IN PARTICULAR THE STEEL-WORKS OF THE SAARLAND IT HAS NOT BEEN SHOWN THAT THIS ADVANTAGE INVOLVES MORE THAN APPROPRIATE AID TO THE UNDERTAKINGS IN WHOSE FAVOUR IT IS GRANTED . THE PRESENT COMPLAINT IS, THEREFORE, UNFOUNDED .
IN ADDITION, THE APPLICANT CRITICIZES THE HIGH AUTHORITY FOR HAVING AUTHORIZED THE SPECIAL RATES AND CONDITIONS SO AS TO ENABLE THE UNDERTAKINGS OF THE SAARLAND TO COPE WITH STRUCTURAL DIFFICULTIES AND FOR HAVING THUS BECOME