IN A CONTEXT SUCH AS THE PRESENT CASE THE QUESTION OF THE BURDEN OF PROOF ARISES ONLY TO A LIMITED EXTENT . FIRST , IT IS FOR THE NATIONAL AUTHORITIES TO EXHAUST AS A MATTER OF COURSE ALL THE POSSIBLE MEANS OF ESTABLISHING THE FACTS ON WHICH THE APPLICATION OF THE COMMUNITY PROVISIONS DEPENDS IN ANY SPECIFIC CASE . ONLY WHERE IT IS IMPOSSIBLE TO VERIFY THOSE FACTS MAY THE QUESTION ARISE AS TO WHO BEARS THE BURDEN OF THAT CIRCUMSTANCE , AND WHETHER THE NATIONAL AUTHORITIES MAY STILL BRING PROCEEDINGS AGAINST THE UNDERTAKING CONCERNED .
36 AS REGARDS THE LAW APPLICABLE FOR THIS PURPOSE , IT MUST BE OBSERVED THAT IN REFERRING TO NATIONAL LAW AS REGARDS THE RECOVERY , OF AIDS UNDULY PAID ARTICLE 8 ( 1 ) OF REGULATION NO 729/70 MAKES NO DISTINCTION BETWEEN THE SUBSTANTIVE CONDITIONS FOR THEIR RECOVERY AND THE RULES OF PROCEDURE AND FORM WHICH MUST BE FOLLOWED IN RECOVERING THEM . THOSE CONDITIONS AND RULES , INCLUDING THOSE ALLOCATING THE BURDEN OF PROOF , ARE THEREFORE ALL DETERMINED BY NATIONAL LAW , SUBJECT TO THE RESTRICTIONS REFERRED TO ABOVE WHICH MAY DERIVE FROM COMMUNITY LAW IN THIS REGARD . THE INFORMATION GIVEN IN THE ORDERS FOR REFERENCE AS TO THE EXACT TERMS OF THE RELEVANT RULES OF NATIONAL LAW DOES NOT ENABLE THE COURT TO FORMULATE ANY FURTHER GUIDELINES FOR THE INTERPRETATION OF COMMUNITY LAW IN THIS REGARD .
37 HOWEVER , THE PLAINTIFFS DEUTSCHE MILCHKONTOR GMBH , FIRMA E . KAMPFFMEYER , SCHWARZWALDMILCH GMBH AND INNTALER MISCHFUTTER GMBH & CO . KG FURTHER CONTEND THAT COMMUNITY LAW IS APPLICABLE , IN THE CASE OF EXPORTS OF SKIMMED-MILK POWDER TO ITALY UNDER THE PROVISIONS OF COMMISSION REGULATION NO 1624/76 , AS REGARDS THE PROOF THAT THE EXPORTED PRODUCT MET THE REQUIREMENTS OF THE COMMUNITY REGULATIONS . THEY ARGUE THAT SUCH PROOF IS PROVIDED BY THE FACT THAT THE ITALIAN CONSIGNEES SUBMITTED THE NECESSARY EVIDENCE TO THE ITALIAN AUTHORITIES IN ORDER TO OBTAIN THE RELEASE OF THE SECURITY REQUIRED BY THAT REGULATION .
38 THE POINT TO BE MADE WITH REGARD TO THAT ARGUMENT IS THAT THE EVIDENCE SUBMITTED IN ACCORDANCE WITH REGULATION NO 1624/76 TO THE AUTHORITIES IN THE MEMBER STATES OF DESTINATION RELATES TO THE DENATURING OR PROCESSING OF THE SKIMMED-MILK POWDER BY THE IMPORTER , ITS PURPOSE BEING TO OBTAIN THE RELEASE OF THE SECURITY HELD BY THE AUTHORITIES OF THAT MEMBER STATE . IT DOES NOT RELATE TO THE QUESTION WHETHER THE SKIMMED-MILK POWDER EXPORTED FOR THE PURPOSES OF DENATURING OR PROCESSING MET THE CONDITIONS LAID DOWN BY REGULATION NO 986/68 FOR THE GRANT OF AIDS IN THE EXPORTING MEMBER STATE .
39 THE ANSWER TO THE FOURTH QUESTION ASKED BY THE VERWALTUNGSGERICHT FRANKFURT AM MAIN MUST THEREFORE BE THAT THE BURDEN OF PROOF IN THE RECOVERY OF AIDS UNDULY PAID IS DETERMINED BY NATIONAL LAW SUBJECT TO ANY RESTRICTIONS WHICH DERIVE FROM COMMUNITY LAW IN THIS REGARD .
THE OBLIGATION TO MONITOR THE MANUFACTURE OF SKIMMED-MILK POWDER AT