ONTO THE CORRESPONDING INDUSTRY OF THE OTHER MEMBER STATES .
THE CLAIM FOR A DECLARATION THAT THE COMMISSION DECISION OF 18 NOVEMBER 1981 IS VOID
5 IN SUPPORT OF ITS CLAIM FOR A DECLARATION THAT THE DECISION IS VOID THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY MAKES TWO SUBMISSIONS , NAMELY THAT THE PROCEDURAL RULES LAID DOWN IN ARTICLE 93 ( 2 ) AND ( 3 ) OF THE TREATY FOR THE REVIEW OF AIDS WERE INFRINGED AND THAT THE BELGIAN RESTRUCTURING PLAN IS INCOMPATIBLE WITH THE COMMON MARKET .
INFRINGEMENT OF THE PROCEDURAL RULES
6 IN THE VIEW OF THE GERMAN GOVERNMENT , THE COMMISSION WAS BOUND TO INITIATE THE PROCEDURE FOR THE REVIEW OF AID REFERRED TO IN ARTICLE 93 ( 2 ) OF THE TREATY AND COULD NOT , AS IT DID , CONFINE ITSELF TO THE PRELIMINARY STAGE OF REVIEW PROVIDED FOR IN ARTICLE 93 ( 3 ).
7 IN SUPPORT OF THAT SUBMISSION THE GERMAN GOVERNMENT CONTENDS THAT THE VARIOUS STEPS IN THE PRELIMINARY EXAMINATION CONDUCTED BY THE COMMISSION AND THE TERMS OF ITS DECLARATION OF 18 NOVEMBER 1981 SHOW THAT IT ENTERTAINED DOUBTS ABOUT THE COMPATIBILITY OF THE SCHEME IN QUESTION WITH THE COMMON MARKET . IN DISREGARDING THE OBLIGATION LAID DOWN IN SUCH A CASE BY THE SECOND SENTENCE OF ARTICLE 93 ( 3 ) OF THE TREATY TO INITIATE THE PROCEDURE REFERRED TO IN ARTICLE 93 ( 2 ) THE COMMISSION CONFUSED THE OBJECT AND NATURE OF THE TWO STAGES OF THE PROCEDURE FOR REVIEWING AID , EXCESSIVELY EXTENDED THE PERIOD FOR THE INVESTIGATION WHICH IT COULD UNDERTAKE IN THE PRELIMINARY STAGE AND FAILED TO FULFIL ITS OBLIGATION UNDER ARTICLE 93 ( 2 ) TO CONSULT THE OTHER MEMBER STATES AND THE ECONOMIC AND SOCIAL SECTORS CONCERNED .
8 THE COMMISSION ARGUES AS FOLLOWS : ACCORDING TO ARTICLE 93 ( 3 ), IT IS NECESSARY TO INITIATE THE MAIN STAGE OF THE PROCEDURE ONLY IF AT THE END OF THE PRELIMINARY EXAMINATION THE PLAN NOTIFIED IS CONSIDERED INCOMPATIBLE WITH THE COMMON MARKET . HOWEVER , THE PERIOD WITHIN WHICH IT IS REQUIRED TO CARRY OUT THAT EXAMINATION BEGINS TO RUN ONLY FROM THE TIME WHEN IT IS IN A POSITION TO FORM A VIEW ON THE PLAN NOTIFIED , THAT IS TO SAY AFTER IT HAS OBTAINED NECESSARY SUPPLEMENTARY INFORMATION AND ESTABLISHED APPROPRIATE CONTACTS WITH THE MEMBER STATE CONCERNED CAPABLE , PERHAPS , OF LEADING TO THE PREPARATION OF AN AMENDED AID SCHEME . HOWEVER , THE AFORESAID PERIOD BEGINS TO RUN FROM NOTIFICATION OF THE PLAN IF THE COMMISSION MAINTAINS SILENCE .
9 ARTICLE 93 ( 3 ) OF THE TREATY PROVIDES :
' ' THE COMMISSION SHALL BE INFORMED , IN SUFFICIENT TIME TO ENABLE IT TO SUBMIT ITS COMMENTS , OF ANY PLANS TO GRANT OR ALTER AID . IF IT CONSIDERS THAT ANY SUCH PLAN IS NOT COMPATIBLE WITH THE COMMON MARKET HAVING REGARD TO ARTICLE 92 , IT SHALL WITHOUT DELAY INITIATE THE PROCEDURE PROVIDED FOR