OF PERFORMANCES SUPERIOR TO THOSE NECESSARY FOR INDUSTRIAL AND COMMERCIAL PURPOSES .
14 IT IS TRUE THAT NEITHER THE ORDER FOR REFERENCE NOR THE OBSERVATIONS SUBMITTED TO THE COURT CONTAIN PRECISE DETAILS WHICH ARE IN THEMSELVES SUCH AS TO CALL IN QUESTION THE VALIDITY OF THE DISPUTED DECISION .
15 AS REGARDS THE REFERENCE TO THE JUDGMENT OF THE COURT OF 17 MARCH 1983 , IT MUST BE ADMITTED THAT THE STATEMENT OF THE REASONS ON WHICH THE DISPUTED DECISION IS BASED IS SET OUT IN RECITALS SIMILAR TO THOSE OF THE DECISION WHICH THE COURT DECLARED VOID IN THAT JUDGMENT . IT IS CLEAR FROM THAT JUDGMENT , HOWEVER , THAT THE IMPORTER OF THE COMPUTERS IN QUESTION HAD SUPPLIED THE COURT WITH COMPREHENSIVE DOCUMENTATION ON THE SPECIFIC FEATURES WHICH MADE THOSE COMPUTERS PARTICULARLY SUITABLE , IN ITS VIEW , FOR PURE SCIENTIFIC RESEARCH , WHILST AT THE SAME TIME NOTHING IN THE PROCEDURE MADE IT POSSIBLE FOR THE COURT TO ESTABLISH THAT THE COMMISSION HAD TAKEN SUFFICIENT ACCOUNT OF THOSE FEATURES . IT WAS IN THE LIGHT OF THOSE CIRCUMSTANCES THAT THE COURT CONCLUDED THAT THE COMMISSION DECISION WAS TO BE REGARDED AS INVALID FOR LACK OF AN ADEQUATE STATEMENT OF REASONS .
16 IN THIS CASE , ON THE OTHER HAND , THE INFORMATION SUPPLIED IN THAT RESPECT CONCERNS ONLY THE PRECISION OF MEASUREMENTS AND THE RAPIDITY OF CALCULATION , WHICH , ACCORDING TO THE COMMISSION ' S APPRAISAL , ARE INSUFFICIENT TO ESTABLISH THE SCIENTIFIC NATURE OF THE APPARATUS IN QUESTION . THE PROCEDURE BEFORE THE COURT HAS REVEALED NO NEW EVIDENCE TO CAST DOUBT ON THE COMMISSION ' S APPRAISAL .
17 IN REPLY TO THE FIRST QUESTION SUBMITTED BY THE FINANZGERICHT IT MUST THEREFORE BE STATED THAT CONSIDERATION OF COMMISSION DECISION 82/932 OF 20 DECEMBER 1982 HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT ITS VALIDITY .
QUESTION 2
18 IN QUESTION 2 THE FINANZGERICHT SEEKS ESSENTIALLY TO ESTABLISH WHETHER THE CONTESTED DECISION APPLIES ONLY TO THE IMPORTATION WHICH GAVE RISE TO ITS ADOPTION OR WHETHER IT ALSO APPLIES TO THE IMPORTATION OF OTHER APPARATUSES OF THE SAME TYPE .
19 ACCORDING TO THE COMMISSION IT IS QUITE CLEAR THAT DECISION 82/932 IS BINDING IN THIS CASE . THAT DECISION CONCERNS EXACTLY THE SAME TYPE OF APPARATUS ; IT IS ADDRESSED TO ALL THE MEMBER STATES AND IS BINDING ON THEM FROM THE TIME IT WAS NOTIFIED TO THEM , EVEN IN PROCEDURES ALREADY PENDING IN WHICH THE NATIONAL ADMINISTRATION HAS NOT YET TAKEN A DEFINITIVE DECISION . IT WOULD BE ENTIRELY POINTLESS TO REFER THE MATTER TO THE COMMISSION ONCE AGAIN SINCE , ALTHOUGH TECHNICAL PROGRESS MAY CAUSE AN APPARATUS TO LOSE ITS SCIENTIFIC NATURE , IT CAN NEVER CAUSE AN APPARATUS TO ACQUIRE A SCIENTIFIC NATURE THAT IT DID NOT PREVIOUSLY HAVE .
20 IT MUST BE NOTED THAT IN ACCORDANCE WITH THE RULES IN FORCE AT THE MATERIAL TIME , NAMELY ARTICLE 7 ( 6 ) OF COMMISSION