ITS EXPORTS TO NON-MEMBER COUNTRIES .
24 THE SUBMISSION MUST THEREFORE BE DISMISSED IN ITS ENTIRETY .
( C ) THE RIGHT TO A FAIR HEARING
25 THE BELGIAN GOVERNMENT CLAIMS THAT THE COMMISSION DID NOT DISCLOSE TO IT THE IDENTITY OF THE PARTIES WHICH , ACCORDING TO THE CONTESTED DECISION , SHARE ITS CONCERN , OR THE SUBSTANCE OF THE COMPLAINTS WHICH THEY SUBMITTED . AS A RESULT , IT COULD NOT PREPARE ITS DEFENCE EFFECTIVELY . IT SUBMITS THAT , BY SO ACTING , THE COMMISSION INFRINGED AN ESSENTIAL PROCEDURAL REQUIREMENT WITHIN THE MEANING OF ARTICLE 173 OF THE TREATY . THE BELGIAN GOVERNMENT REJECTS THE VIEW THAT THE DUTY NOT TO DIVULGE INFORMATION RELATING SPECIFICALLY TO THE UNDERTAKINGS CONCERNED IMPLIES THAT THE ADMINISTRATIVE PROCEDURE SHOULD BE KEPT ENTIRELY SECRET . IT IS PARADOXICAL THAT A MEMBER STATE AFFECTED BY A PROCEDURE INITIATED UNDER ARTICLE 93 OF THE TREATY SHOULD RECEIVE LESS INFORMATION THAN A NON-MEMBER COUNTRY WHICH IS THE SUBJECT OF ANTI-SUBSIDY PROCEEDINGS PURSUANT TO COUNCIL REGULATION NO 2176/84 OF 23 JULY 1984 ( OFFICIAL JOURNAL 1984 , L 201 , P . 1 ).
26 THE COMMISSION CONCLUDES THAT , IN THE CASE OF STATE AIDS , THERE IS NO PROCEDURE INVOLVING THE HEARING OF ALL THE PARTIES AND DISCLOSURE AS BETWEEN THEM COMPARABLE TO THE PROCEDURE APPLIED TO UNDERTAKINGS FOR THE PURPOSES OF COMPETITION RULES OR TO NON-MEMBER COUNTRIES IN CONNECTION WITH DUMPING AND SUBSIDIES . THE GIVING OF NOTICE IN A PROCEDURE RELATING TO AID IS SIMPLY DESIGNED TO ENABLE THE COMMISSION TO RECEIVE ALL THE INFORMATION NECESSARY TO EVALUATE THE COMPATIBILITY OF THE AID WITH THE COMMON MARKET . THE MEMBER STATE CONCERNED ENJOYS NO PRIVILEGED POSITION IN A PROCEDURE INITIATED UNDER ARTICLE 93 ( 3 ).
27 IN THAT CONNECTION , IT IS APPROPRIATE TO STRESS THAT , AS THE COURT HELD IN PARTICULAR IN ITS JUDGMENT OF 13 FEBRUARY 1979 IN CASE 85/76 ( HOFFMANN-LA ROCHE V COMMISSION ( 1979 ) ECR 461 ), OBSERVANCE OF THE RIGHT TO BE HEARD IS , IN ALL PROCEEDINGS INITIATED AGAINST A PERSON WHICH ARE LIABLE TO CULMINATE IN A MEASURE ADVERSELY AFFECTING THAT PERSON , A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW WHICH MUST BE GUARANTEED EVEN IN THE ABSENCE OF ANY RULES GOVERNING THE PROCEDURE IN QUESTION . THE COURT HAS CONSISENTLY HELD THAT , IN ORDER TO RESPECT THE PRINCIPLE OF THE RIGHT TO BE HEARD , THE PERSON AGAINST WHOM AN ADMINISTRATIVE PROCEDURE HAS BEEN INITIATED MUST HAVE BEEN AFFORDED THE OPPORTUNITY , DURING THAT PROCEDURE , TO MAKE KNOWN HIS VIEWS ON THE TRUTH AND RELEVANCE OF THE FACTS AND CIRCUMSTANCES ALLEGED AND ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS CLAIM THAT THERE HAS BEEN AN INFRINGEMENT OF COMMUNITY LAW .
28 BY STATING IN ITS DECISION THAT TWO MEMBER STATES AND TWO TRADE ASOCIATIONS IN THE INDUSTRY IN QUESTION SHARED ITS CONCERN ABOUT THE BELGIAN AID , THE COMMISSION IN FACT GAVE THE IMPRESSION THAT IT