Judgment_paragraph 99 · Industrie des poudres sphériques v Council of the European Union, Commission of the European Communities, Péchiney électrométallurgie and Chambre syndicale de l'électrométallurgie et de l'électrochimie (C-458/98 P)

99In that regard, it should be observed that, in performing their duty to provide information, the Community institutions must act with all due diligence by seeking to provide the undertakings concerned, as far as is compatible with the obligation not to disclose business secrets, with information relevant to the defence of their interests, choosing, if necessary on their own initiative, the appropriate means of providing such information. In any event, the undertakings concerned must have been placed in a position during the administrative procedure in which they can effectively make known their views on the correctness and relevance of the facts and circumstances alleged and on the evidence presented by the Commission in support of its allegation concerning the existence of dumping and the resultant injury (Case C-49/88 Al-Jubail Fertilizer v Council [1991] ECR I-3187, paragraph 17).