commiss decis april aid project plan german govern favour shipbuild contract competit yard member state german text authent eec commiss european commun regard treati establish european econom commun subparagraph articl thereof parti concern notic submit comment accord provis regard council direct eec januari aid shipbuild articl thereof pursuant articl direct eec dutch govern telex june request commiss interven aid case competit yard member state shipbuild contract construct grt wine tanker german shipown paul haes kg time request dutch govern inform commiss envisag grant direct contract relat product aid dutch yard tender contract appear member state involv competit contract germani commiss ask member state notifi aid plan grant support nation yard tender contract draw attent aid plan implement prior commiss approv german govern repli verbal note juli inform commiss stage envisag grant aid german yard tender contract declar minut council minist meet decemb commiss state exercis power articl direct connect notif aid propos yard member state compet order appli procedur articl treati permit lowest aid level higher aid level ceil appear ensur contract remain commun evid aid intens notifi dutch govern exceed german govern time plan aid reason commis letter date august advis dutch govern aid level plan german govern time german govern ask confirm final aid grant contract subsequ dutch govern august inform commiss align aid level german govern provid aid confirm german govern provid verbal note august background commiss letter novemb inform member state concern establish contract concern object aid plan ground intervent articl direct verbal note date june german govern notifi commiss plan grant direct contract relat product aid german yard tender contract constitut contract aid time german govern refer competit countri advis commiss german yard concern won contract conclud august evid notif german govern concern chang circumst prevail time competit contract basi commiss previous close case engag dutch govern grant aid contract valid countri yard quot price lower dutch german yard commiss establish applic aid level german govern higher dutch govern effect german yard tender price competit dutch yard higher aid level retain contract commun letter juli commiss inform german dutch govern pursuant articl direct initi procedur provid articl eec treati respect aid project plan german govern time invit submit comment member state ask submit comment letter januari parti concern member state notifi decis public offici journal european commun ii german govern submit comment commiss decis verbal note august argu situat intra commun competit term articl direct ship offer yard compar due signific differ technic specif ship reason price quot german yard higher dutch yard perform ship offer surpass verbal note date decemb german govern advis commiss dutch yard involv competit contract final stage tender procedur telex septemb dutch govern support commiss decis initi procedur stress import maintain aid level nil repli request commiss comment assert german govern dutch yard involv tender procedur contract dutch govern letter februari reconfirm dutch yard content contract member state parti concern member state submit comment commiss decis iii principl articl direct eec prevent aid distort competit yard member state declar articl direct minut council minist meet decemb commiss state exercis power connect aid notif aid propos yard member state compet order appli procedur articl treati permit lowest aid level higher aid level ceil appear ensur contract remain commun time contract includ base calcul oper aid articl aid level propos german govern exce dutch govern fact countri quot price lower commun yard present case justifi applic higher aid level effect tender price german yard concern competit dutch yard differ technic specif ship offer lead conclus yard compet order offer yard base invit tender german shipown natur consequ yard present design specif differ qualiti deliveri time market economi price level state aid offer normal paramet shipown choic base establish yard compet contract undermin mechan articl depriv commiss essenti instrument pursu aid polici direct eec view dutch govern express confirm competit yard involv continu final stage tender procedur fact german govern subsequ chang aid plan upward direct contract subsequ won german yard commiss conclud circumst treat case articl direct eec continu present case assert german govern correct alter conclus ordinari phenomenon shipown stage tender procedur singl yard continu detail negoti rule initi competit contract aid level propos member state involv influenc shipown choic yard pursuant commiss declar minut council minist meet decemb commiss supervis monitor power laid articl direct eec german govern grant subsequ aid cover loss suffer take order cost contract subject procedur provid articl direct includ base calcul oper aid articl adopt decis articl project notifi german govern june grant aid build grt wine tanker german shipown paul haes kg form direct grant construct yard contract aid consid compat common market articl german govern put aid project effect inform commiss month notif decis measur order abolish aid plan articl decis address feder republ germani brussel april commiss leon brittan vice presid oj oj