Judgment_paragraph 30 · Commission of the European Communities v Fresh Marine Company A/S (C-472/00 P)

30In the present case, the Commission, when adopting Regulation No 2529/97, which imposed provisional duties on Fresh Marine's imports, relied solely on the analysis of a report which, as the Court of First Instance found at paragraphs 79 and 80 of the contested judgment, gave reason to believe that that company had complied with its undertaking not to make sales on the Community market below a minimum average price, but which the Commission had amended on its own initiative, without taking the precaution of asking Fresh Marine what impact its unilateral action might have on the reliability of the information which Fresh Marine had provided to it.