VIOLATION OF ITS RIGHT TO BE HEARD .
18 FINALLY , IN SUPPORT OF ITS SUBMISSION ALLEGING A MANIFEST ERROR OF ASSESSMENT , NICOLET DENIES THAT THE COMMISSION SOUGHT THE OPINION OF COMPETENT EXPERTS IN ASSESSING THE SCIENTIFIC CHARACTER OF THE APPARATUS IN QUESTION . IT RELIES ON THE EXPERT ' S REPORT DRAWN UP ON 27 SEPTEMBER 1982 BY DR HORST EBERHARD BUCHWALD , A LECTURER AT THE UNIVERSITY OF BERLIN , AND EMPHASIZES THAT THE NICOLET 1174 IS MERELY AN IMPROVED MODEL OF THE APPARATUS WHICH THE COMMISSION RECOGNIZED AS BEING MAINLY SUITED FOR SCIENTIFIC ACTIVITIES IN DECISION NO 79/527 OF 22 MAY 1979 ( OFFICIAL JOURNAL L 141 , P . 36 ). THE NICOLET 1174 IS AN EXTREMELY SENSITIVE AND COMPLEX MEASURING DEVICE WHICH IS NOT USED FOR COMMERCIAL PURPOSES , SINCE THE PERFORMANCE OF WHICH IT IS CAPABLE WAS CONCEIVED PURELY FOR THE PURPOSES OF SCIENTIFIC RESEARCH AND IS OF INTEREST ONLY FOR SUCH RESEARCH .
19 THE COMMISSION CONTENDS ESSENTIALLY THAT THE DIFFERENCE BETWEEN THE DECISION ADOPTED IN 1979 AND THAT AT ISSUE IN THIS CASE IS DUE TO THE RATE OF DEVELOPMENT OF THE EQUIPMENT AT ISSUE , WHICH TENDS TO MOVE VERY RAPIDLY FROM THE STAGE OF TECHNICAL INNOVATION TO THAT OF EVERYDAY EQUIPMENT . MOREOVER , THE APPARATUS IMPORTED BY NICOLET IS ALSO USED IN NON-SCIENTIFIC ACTIVITIES SUCH AS CLINICAL MEDICINE .
20 IT SHOULD NOT BE FORGOTTEN THAT ACCORDING TO ARTICLE 3 ( 1 ) AND ( 3 ) OF COUNCIL REGULATION NO 1798/75 , AS AMENDED BY COUNCIL REGULATION NO 1027/79 , THE ONLY SCIENTIFIC INSTRUMENTS AND APPARATUS WHICH MAY BE IMPORTED FREE OF COMMON CUSTOMS TARIFF DUTIES ARE THOSE IMPORTED EXCLUSIVELY FOR NON-COMMERCIAL PURPOSES WHICH , BY REASON OF THEIR OBJECTIVE TECHNICAL CHARACTERISTICS AND THE RESULTS WHICH THEY MAKE IT POSSIBLE TO OBTAIN , ARE MAINLY OR EXCLUSIVELY SUITED TO SCIENTIFIC ACTIVITIES .
21 ACCORDING TO ARTICLE 5 ( 1 ) OF COMMISSION REGULATION NO 2784/79 , THE IMPLEMENTING REGULATION , ' THE ' ' OBJECTIVE TECHNICAL CHARACTERISTICS ' ' OF A SCIENTIFIC INSTRUMENT OR APPARATUS SHALL BE UNDERSTOOD TO MEAN THOSE CHARACTERISTICS RESULTING FROM THE CONSTRUCTION OF THAT INSTRUMENT OR APPARATUS OR FROM ADJUSTMENTS TO A STANDARD INSTRUMENT OR APPARATUS WHICH MAKE IT POSSIBLE TO OBTAIN HIGH-LEVEL PERFORMANCES ABOVE THOSE NORMALLY REQUIRED FOR INDUSTRIAL OR COMMERCIAL USE ' .
22 IT SHOULD BE NOTED IN THAT REGARD THAT ACCORDING TO THE OBSERVATIONS SUBMITTED TO THE COURT BY THE COMMISSION , WHICH WERE NOT REFUTED BY NICOLET , THE TECHNICAL CHARACTERISTICS OF THE APPARATUS AT ISSUE ARE COMPARABLE TO THOSE OF A GREAT MANY OF THE COMPUTERS USED IN INDUSTRY . THOSE CHARACTERISTICS DO NOT MAKE IT POSSIBLE TO OBTAIN A LEVEL OF PERFORMANCE MAKING THE APPARATUS PARTICULARLY SUITABLE FOR SCIENTIFIC RESEARCH , AND CERTAIN SPECIFIC PERFORMANCES REFERRED TO BY THE EXPERT , DR BUCHWALD , MAY ONLY BE OBTAINED WITH THE HELP OF AN AUXILIARY APPARATUS WHICH IN THIS CASE WAS NOT IMPORTED .
23 CONSEQUENTLY ,