COMMISSION OF THE COMMUNITIES - IS UNDER A DUTY NOT TO DISCLOSE INFORMATION OF THE KIND COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY , IN PARTICULAR INFORMATION ABOUT UNDERTAKINGS , THEIR BUSINESS RELATIONS OR THEIR COST COMPONENTS . THAT SAME PROVISION ALSO STIPULATES THAT , SUBJECT TO THAT RESERVATION , THE COMMISSION MUST ' PUBLISH SUCH DATA AS COULD BE USEFUL TO GOVERNMENTS OR TO ANY OTHER PARTIES CONCERNED ' .
13 THE PRESENT ACTION IS CONCERNED WITH THE EXTENT OF THE COMMISSION ' S DUTY TO PUBLISH SUCH DATA . THE DOUBTS INITIALLY EXPRESSED BY THE COMMISSION AS TO THE ADMISSIBILITY OF THE APPLICATION - WHICH WERE BASED ON THE PREMISE THAT THE COMMISSION ' S LETTER OF 13 JANUARY 1984 WAS MERELY A REPLY TO A REQUEST MADE BY THE APPLICANT FOR INFORMATION - ARE THEREFORE UNFOUNDED . WHAT THE APPLICANT IS ACTUALLY CHALLENGING IS THE REFUSAL TO DISCLOSE INFORMATION THE DISCLOSURE OF WHICH IT CONSIDERS TO BE OBLIGATORY UNDER ARTICLE 47 OF THE ECSC TREATY .
14 SECONDLY , THE APPLICANT HAS CORRECTLY DRAWN ATTENTION TO THE ESSENTIAL ROLE PLAYED BY PUBLICITY IN THE CONTEXT OF THE ECSC TREATY . ACCORDING TO ARTICLE 5 OF THAT TREATY , IN ORDER TO CARRY OUT ITS TASK THE COMMISSION MUST PROVIDE GUIDANCE FOR THE PARTIES CONCERNED BY OBTAINING INFORMATION . ACCORDING TO ARTICLE 3 ( B ), THE INSTITUTIONS OF THE COMMUNITY MUST ENSURE THAT ALL COMPARABLY PLACED CONSUMERS IN THE COMMON MARKET HAVE EQUAL ACCESS TO THE SOURCES OF PRODUCTION . IT HAS BEEN HELD IN A CONSISTENT LINE OF DECISIONS , BEGINNING WITH THE JUDGMENT OF 21 DECEMBER 1954 IN CASE 1/54 ( FRANCE V HIGH AUTHORITY , ( 1954 TO 1956 ) ECR 1 ), THAT SUCH EQUAL ACCESS MUST BE SECURED AND DISCRIMINATORY PRACTICES THWARTED BY MEANS OF THE DISCLOSURE OF THE RELEVANT INFORMATION TO UNDERTAKINGS . AS A RESULT , THE PRINCIPLE OF PUBLICITY AND THE PRINCIPLE OF NON-DISCRIMINATION ARE LINKED AS REGARDS THEIR PURPOSE .
15 CONSEQUENTLY , ALTHOUGH THE COMMISSION IS UNDER A DUTY , AS A RESULT OF THAT LINK BETWEEN THE PRINCIPLE OF PUBLICITY AND THE OBJECTIVES OF THE ECSC TREATY , TO PUBLISH INFORMATION LIKELY TO BE USEFUL TO UNDERTAKINGS , AND ALTHOUGH THE INFORMATION OBTAINED FROM UNDERTAKINGS BY THE COMMISSION , AFTER DUE VERIFICATION , IS ALSO SUBJECT TO THAT DUTY OF PUBLICATION , THE AUTHORS OF THE TREATY WERE AT PAINS TO ENSURE , IN ARTICLE 47 , THAT BUSINESS SECRECY IS RESPECTED , THEREBY ENSURING PROTECTION FOR THE LEGITIMATE INTERESTS OF UNDERTAKINGS AND PROVIDING A QUID PRO QUO FOR THE OBLIGATION TO SUPPLY INFORMATION TO THE COMMISSION .
16 AS A RESULT , IN ORDER TO RESOLVE THE ISSUE RAISED IN THIS ACTION , IT IS NECESSARY TO BALANCE THE NEED FOR TRANSPARENCY OF THE COMMON MARKET IN STEEL PRODUCTS AGAINST THE NEED TO PROTECT THE BUSINESS SECRECY OF INDIVIDUAL UNDERTAKINGS . THE ONLY WAY OF STRIKING SUCH A BALANCE IS TO EXAMINE THE SPECIFIC SITUATION