THE MANUFACTURER ' S PREMISES
40 LASTLY , BY ITS SECOND AND THIRD QUESTIONS THE VERWALTUNGSGERICHT FRANKFURT AM MAIN ASKS WHETHER THE NATIONAL AUTHORITIES ARE UNDER A DUTY TO MONITOR THE MANUFACTURE OF SKIMMED-MILK POWDER AT THE MANUFACTURER ' S PREMISES AND IF SO WHETHER A FAILURE TO FULFIL THAT DUTY MAY BAR THE RECOVERY OF THE AIDS UNDULY PAID .
41 THE FEDERAL REPUBLIC OF GERMANY AND THE UNITED KINGDOM CONTEND THAT NO SUCH DUTY EXISTS . THEY ARGUE THAT REGULATION NO 990/72 OF THE COMMISSION , TO ARTICLE 10 OF WHICH THE VERWALTUNGSGERICHT FRANKFURT AM MAIN REFERS IN ITS QUESTIONS , CONCERNS ONLY THE DENATURING OF SKIMMED-MILK POWDER AND ITS PROCESSING INTO COMPOUND FEEDINGSTUFFS AND NOT ITS MANUFACTURE .
42 IT SHOULD BE NOTED THAT THE VARIOUS PROVISIONS REQUIRING NATIONAL AUTHORITIES TO EXERCISE A CERTAIN AMOUNT OF SUPERVISION TO ENSURE THAT THE RELEVANT PROVISIONS OF COMMUNITY LAW , SUCH AS ARTICLE 10 OF REGULATION NO 990/72 OF THE COMMISSION AND ARTICLE 8 OF REGULATION NO 729/70 OF THE COUNCIL , ARE OBSERVED MERELY EXPRESSLY CONFIRM A DUTY WHICH MEMBER STATES ALREADY HAVE BY VIRTUE OF THE PRINCIPLE OF COOPERATION LAID DOWN IN ARTICLE 5 OF THE TREATY .
43 CONSEQUENTLY , MEMBER STATES MUST VERIFY BY MEANS OF APPROPRIATE CONTROLS THAT SKIMMED-MILK POWDER COMPLIES WITH THE RELEVANT COMMUNITY RULES SO AS TO ENSURE THAT COMMUNITY AIDS ARE NOT PAID IN RESPECT OF PRODUCTS FOR WHICH THEY OUGHT NOT TO BE GRANTED . IT IS FOR THE NATIONAL COURT TO DETERMINE THE CONTROLS NECESSARY FOR THIS PURPOSE HAVING REGARD IN PARTICULAR TO THE CIRCUMSTANCES OF THE CASE AND THE TECHNIQUES AVAILABLE AT THE TIME .
44 AS REGARDS THE CONSEQUENCES OF A FAILURE TO EXERCISE SUCH SUPERVISION FOR THE RECOVERY OF SUMS UNDULY PAID AND IN PARTICULAR THE QUESTION WHETHER THE RECIPIENTS OF THE AIDS MAY RELY ON THE FAILURE AS A DEFENCE TO AN ACTION FOR RECOVERY , IT FOLLOWS FROM THE FOREGOING STATEMENTS REGARDING THE EXTENT TO WHICH COMMUNITY LAW AND NATIONAL LAW ARE APPLICABLE TO THE QUESTION OF THE RECOVERY OF UNDULY-PAID AIDS AND FROM THE PRINCIPLES OF THE PROTECTION OF LEGITIMATE EXPECTATION AND ASSURANCE OF LEGAL CERTAINTY THAT IN THE PRESENT STATE OF DEVELOPMENT OF COMMUNITY LAW THOSE CONSEQUENCES ARE DETERMINED BY NATIONAL LAW AND NOT BY COMMUNITY LAW . IT IS THEREFORE LIKEWISE THE TASK OF THE NATIONAL COURTS TO DETERMINE THEM ON THE BASIS OF THE RELEVANT NATIONAL LAW .
45 THE ANSWER TO THE SECOND AND THIRD QUESTIONS MUST THEREFORE BE THAT THE NATIONAL AUTHORITIES MUST MONITOR THE MANUFACTURE OF SKIMMED-MILK POWDER BY CONDUCTING INSPECTIONS AT THE MANUFACTURER ' S PREMISES IF THIS IS NECESSARY TO ENSURE THAT THE COMMUNITY RULES ARE OBSERVED . IT IS FOR THE NATIONAL COURT TO DETERMINE THE CONSEQUENCES OF ANY FAILURE TO FULFIL THAT DUTY ON THE BASIS OF THE RELEVANT NATIONAL LAW .
Decision on costs
COSTS
46 THE COSTS INCURRED BY THE FEDERAL REPUBLIC OF GERMANY , THE UNITED KINGDOM AND THE COMMISSION OF