TO THE APPLICANTS, IN PARTICULAR BECAUSE OF THE IMPORTANCE ATTACHED TO THE CASE OF THE COMPANIES ASTRAL AND URRUZOLA, AND THIS BOTH IN THE COMMUNICATION OF 27 JULY 1973 AND DURING THE COURSE OF THE HEARING .
11 ACCORDING TO ARTICLE 19 OF REGULATION NO 17 OF THE COUNCIL, THE COMMISSION, BEFORE TAKING DECISIONS AS PROVIDED FOR IN ARTICLES 2, 3, 6, 7, 8, 15 AND 16 OF THAT REGULATION, SHALL GIVE THE UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS CONCERNED THE OPPORTUNITY OF BEING HEARD ON THE MATTERS TO WHICH THE COMMISSION HAS TAKEN OBJECTION . IN REFERRING TO ARTICLE 6, THIS PROVISION RELATES TO DECISIONS TAKEN PURSUANT TO A REQUEST FOR THE APPLICATION OF ARTICLE 85 ( 3 ).
12 ACCORDING TO ARTICLE 24 OF THE SAME REGULATION THE COMMISSION SHALL HAVE POWER TO ADOPT IMPLEMENTING PROVISIONS IN THIS CONTEXT, WHICH IT DID IN REGULATION NO 99/63 .
13 IT IS CLEAR BOTH FROM THE TITLE AND FROM THE FIRST RECITAL OF THIS REGULATION THAT IT IS CONCERNED WITH ALL THE HEARINGS PROVIDED FOR IN ARTICLE 19 OF REGULATION NO 17 OF THE COUNCIL AND, ACCORDINGLY, ALSO APPLIES TO PROCEDURES WITH REGARD TO ARTICLE 85 ( 3 ). HOWEVER, THE OBLIGATION IMPOSED UPON THE COMMISSION BY ARTICLES 2 AND 4 OF REGULATION NO 99/63 TO INFORM AN UNDERTAKING, IN WRITING OR BY GIVING NOTICE IN THE OFFICIAL JOURNAL, OF THE OBJECTIONS RAISED AGAINST IT AND TO DEAL, IN ITS DECISIONS, ONLY WITH THESE OBJECTIONS, IS ESSENTIALLY CONCERNED WITH THE STATEMENT OF THE REASONS WHICH WOULD LEAD IT TO APPLY PARAGRAPH ( 1 ) OF ARTICLE 85, EITHER BY ORDERING THAT AN INFRINGEMENT BE TERMINATED OR IMPOSING A FINE UPON THE UNDERTAKINGS, OR BY REFUSING TO GIVE THE LATTER NEGATIVE CLEARANCE OR THE BENEFIT OF PARAGRAPH ( 3 ) OF THE SAME PROVISION .
14 ON THE OTHER HAND, THE COMMISSION CANNOT BE EXPECTED TO ANTICIPATE THE CONDITIONS AND OBLIGATIONS TO WHICH IT IS ENTITLED TO SUBJECT THE EXEMPTION LAID DOWN IN ARTICLE 85 ( 3 ). IN FACT, THE INVESTIGATION OF A REQUEST FOR EXEMPTION MAY BRING TO LIGHT VARIOUS WAYS IN WHICH THE OPERATION OF AN AGREEMENT OR THE CONTROL OF THAT OPERATION MAY BE UNDERTAKEN, THIS PROMPTING THE COMMISSION TO WITHDRAW THE OBJECTIONS WHICH IT HAD RAISED AGAINST THE REQUEST AND JUSTIFYING THE GRANT, POSSIBLY SUBJECT TO CERTAIN CONDITIONS, OF THE BENEFIT OF ARTICLE 85 ( 3 ).
15 IT IS CLEAR, HOWEVER, BOTH FROM THE NATURE AND OBJECTIVE OF THE PROCEDURE FOR HEARINGS, AND FROM ARTICLES 5, 6 AND 7 OF REGULATION NO 99/63, THAT THIS REGULATION, NOTWITHSTANDING THE CASES SPECIFICALLY DEALT WITH IN ARTICLES 2 AND 4, APPLIES THE GENERAL RULE THAT A PERSON WHOSE INTERESTS ARE PERCEPTIBLY AFFECTED BY A DECISION TAKEN BY A PUBLIC AUTHORITY MUST BE GIVEN THE OPPORTUNITY TO MAKE HIS POINT OF VIEW KNOWN . THIS RULE REQUIRES THAT AN UNDERTAKING BE CLEARLY INFORMED, IN GOOD TIME, OF THE ESSENCE OF CONDITIONS TO WHICH THE COMMISSION INTENDS TO SUBJECT AN EXEMPTION