IMPORTANCE FOR THE RESEARCH ACTIVITY ENVISAGED .
38 ALTHOUGH IT IS TRUE THAT THE COURT HAS CONSISTENTLY HELD THAT THE STATEMENT OF GROUNDS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE GROUNDS FOR A DECISION MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .
39 IN THIS CASE THE COURT FINDS THE STATEMENT OF GROUNDS FOR THE DECISION IN QUESTION SOMEWHAT LACONIC BUT CONSIDERS THAT IT NONETHELESS SATISFIES THE MINIMUM REQUIREMENT OF ARTICLE 190 OF THE TREATY TAKING INTO ACCOUNT THE FACT THAT THE DEICISION IS ADDRESSED TO THE MEMBER STATES WHICH TOOK PART IN THE MEETINGS OF THE GROUP OF EXPERTS AND ARE THEREFORE SUFFICIENTLY FAMILIAR WITH THE DETAILS OF THE CASE TO BE ABLE TO ASSESS THE SCOPE OF THE DECISION , AND THAT IT ALSO CONTAINS THE INDISPENSABLE ELEMENTS WHICH PERMIT THE SCIENTIFIC ESTABLISHMENT CONCERNED TO ESTABLISH WHETHER THE DECISION IS VITIATED BY A MANIFEST ERROR OR BY MISUSE OF POWER .
40 IF , MOREOVER , THE SCIENTIFIC ESTABLISHMENT CONCERNED DECIDES TO BRING THE MATTER BEFORE A NATIONAL COURT , THAT COURT MAY ALWAYS INQUIRE INTO THE POSSIBILITY OF MANIFEST ERROR OR OF MISUSE OF POWER AND , IF THAT INQUIRY SEEMS TO SUPPORT THE ARGUMENT OF THE SCIENTIFIC ESTABLISHMENT , REFER THE MATTER TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING .
41 IT FOLLOWS FROM THE FOREGOING THAT THE REPLY TO THE NATIONAL COURT MUST BE THAT CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF COMMISSION DECISION 81/843 OF 8 OCTOBER 1981 .
Decision on costs
COSTS
42 THE COSTS INCURRED BY THE ITALIAN AND THE NETHERLANDS GOVERNMENTS AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
IN ANSWER TO THE QUESTION SUBMITTED TO IT BY THE TARIEFCOMMISSIE BY ORDER OF 31 DECEMBER 1982 , HEREBY RULES :
CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF COMMISSION DECISION 81/843 OF 8 OCTOBER 1981