TO THE DECISION STATES THAT :
' ' ON THE BASIS OF INFORMATION RECEIVED FROM MEMBER STATES , APPARATUS OF SCIENTIFIC VALUE EQUIVALENT TO THE SAID APPARATUS , CAPABLE OF BEING USED FOR THE SAME PURPOSES , ARE CURRENTLY BEING MANUFACTURED IN THE COMMUNITY ; . . . THIS APPLIES , IN PARTICULAR , TO THE APPARATUS ' EM 400 ' , MANUFACTURED BY PHILIPS NEDERLAND BV , BOSCHDIJK 525 , NL-EINDHOVEN ' ' .
9 THE TARIEFCOMMISSIE TOOK THE VIEW THAT IT WAS BOUND BY THAT DECISION , AND THEREFORE REFERRED THE FOLLOWING QUESTION TO THE COURT :
' ' HAS THE COMMISSION IN ITS DECISION OF 8 OCTOBER 1981 ( 81/843/EEC ) CORRECTLY INTERPRETED AND APPLIED THE TERM ' OF EQUIVALENT SCIENTIFIC VALUE ' CONTAINED IN ARTICLE 3 OF REGULATION ( EEC ) NO 1798/75?
' '
10 IT APPEARS FROM THE CONTEXT OF THE QUESTION POSED THAT IT IN FACT CONCERNS NOT THE INTERPRETATION OF REGULATION NO 1798/75 BUT THE VALIDITY OF THE COMMISSION DECISION OF 8 OCTOBER 1981 .
11 IN THE STATEMENT OF REASONS FOR ITS ORDER , THE TARIEFCOMMISSIE EXPRESSED DOUBTS AS TO THE VALIDITY OF THE DECISION , REFERRING TO THE FACT THAT THE INSTITUTE DISPUTED THE EQUIVALENCE OF THE TWO APPARATUSES , SINCE THE RESEARCH THAT IT CARRIED OUT REQUIRED AN ELECTRON MICROSCOPE WITH AN ACCELERATION CAPACITY OF 200 KV , A CONDITION FULFILLED BY THE JEM-200 CX APPARATUS , WHEREAS THE EM 400 APPARATUS HAD A CAPACITY OF ONLY 120 KV . IT STATED , MOREOVER , THAT THE COMMISSION HAD FAILED TO GIVE ADEQUATE REASONS FOR ITS DECISION THAT THE TWO APPARATUSES WERE OF EQUIVALENT SCIENTIFIC VALUE AND COULD BE USED FOR THE SAME PURPOSES .
12 IN ITS WRITTEN OBSERVATIONS MADE TO THE COURT , THE INSTITUTE AGAIN DENIED THAT THE TWO APPARATUSES WERE OF EQUIVALENT SCIENTIFIC VALUE , AND REFERRED INTER ALIA TO THE ' ' JOINT SUBMISSIONS ON THE APPLICATION FOR EXEMPTION FROM IMPORT DUTIES ' ' DRAWN UP IN CONJUNCTION WITH THE CATHOLIC UNIVERSITY OF LEUVEN AND ATTACHED TO THE APPLICATION MADE TO THE NATIONAL COURT .
13 REFERENCE SHOULD FIRST OF ALL BE MADE TO THE COURT ' S RULING THAT PERSONS CONCERNED BY A DECISION TAKEN BY THE COMMISSION UNDER THE COMMUNITY REGULATIONS ON THIS MATTER ' ' MAY PLEAD THE ILLEGALITY OF THAT DECISION BEFORE THE NATIONAL COURT IN PROCEEDINGS AGAINST THE FIXING OF CUSTOMS DUTY AND THE QUESTION OF THE VALIDITY OF THE DECISION MAY THEREFORE BE REFERRED TO THE COURT IN PROCEEDINGS FOR A PRELIMINARY RULING ' ' ( JUDGMENT OF 28 . 9 . 1983 , CASE 216/82 UNIVERSITAT HAMBURG V HAUPTZOLLAMT HAMBURG-KEHRWIEDER ( 1983 ) ECR 2771 ).
14 IT WAS STATED IN THE SAME JUDGMENT HOWEVER , WITH REGARD TO THE EXAMINATION OF THE VALIDITY OF SUCH A DECISION , THAT THE COURT HAS ONLY A LIMITED POWER OF SUPERVISION SINCE , GIVEN ' ' THE TECHNICAL CHARACTER OF THAT EXAMINATION ( OF THE QUESTION WHETHER OR NOT