CARRIED OUT FOR THE PURPOSE OF ASSESSING WHETHER OR NOT THE APPARATUSES WERE EQUIVALENT WAS NOT MADE IN THE ABSTRACT ON THE BASIS OF CERTAIN CHARACTERISTICS OF THE APPARATUSES IN QUESTION BUT PURELY WITH REGARD TO THE RESEARCH TO BE CARRIED OUT AND THE PARTICULAR PURPOSES FOR WHICH THE APPLICANT WISHED TO USE THE MICROSCOPE ; THE COMMISSION CONFIRMED THAT STATEMENT IN ITS REPLY TO THE QUESTION PUT TO IT BY THE COURT .
32 DURING THE PROCEEDINGS BEFORE THE COURT NO FACTOR OF SUCH A KIND AS TO CAST DOUBT UPON THE COMMISSION ' S STATEMENT HAS COME TO LIGHT . IN EXAMINING THE EQUIVALENCE OF THE TWO APPARATUSES IN QUESTION THE COMMISSION AND THE GROUP OF EXPERTS WERE ALSO RIGHT TO BASE THEMSELVES ON THE DEFINITION OF THE EXPERIMENTS GIVEN IN THE APPLICATION FOR DUTY-FREE ADMISSION , SINCE THE WORDING WHICH APPEARS IN THE FIRST RECITAL TO THE PREAMBLE TO THE DECISION IN QUESTION WAS ONLY A SLIGHTLY MORE PRECISE EXPRESSION OF THE SAME SCIENTIFIC PURPOSES . SINCE THE COMPARISON MUST BE BASED ON THE INFORMATION GIVEN IN THAT RESPECT BY THE APPLICANT AT THE TIME OF MAKING ITS APPLICATION , THE DIFFERENT DESCRIPTION OF THE RESEARCH PROJECT PRESENTED AT THE HEARING BY THE INSTITUTE CANNOT BE TAKEN INTO CONSIDERATION .
33 WITH REGARD TO THE INSTITUTE ' S SUBMISSION THAT COMPARATIVE TESTS OF THE TWO APPARATUSES IN QUESTION SHOWED THAT THE IMPORTED APPARATUS WAS SUPERIOR TO THAT MANUFACTURED IN THE COMMUNITY , IT IS NECESSARY TO REFER , AS THE COMMISSION RIGHTLY DID , TO THE PROVISIONS OF ARTICLE 5 ( 2 ) OF REGULATION NO 2784/79 , ACCORDING TO WHICH PERFORMANCES SUPERIOR TO THOSE WHICH ARE NECESSARY FOR THE PROPER EXECUTION OF THE SPECIFIC WORK TO BE CARRIED OUT ARE NOT TO BE TAKEN INTO ACCOUNT .
34 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT EXAMINATION OF THE FACTS PRESENTED TO THE COURT WITH REGARD TO THE EXAMINATION OF THE EQUIVALENCE OF THE TWO APPARATUSES IN QUESTION HAS DISCLOSED NO FACTOR ESTABLISHING THE EXISTENCE OF MANIFEST ERROR OR MISUSE OF POWER AFFECTING THE VALIDITY OF THE DECISION IN QUESTION .
THE FAILURE TO STATE ADEQUATE GROUNDS
35 THE TARIEFCOMMISSIE , AND THE INSTITUTE IN ITS OBSERVATIONS BEFORE THAT COURT , POINTED OUT THAT THE STATEMENT OF THE GROUNDS FOR THE DECISION IN QUESTION WAS INADEQUATE INASMUCH AS THE REASONS FOR THE COMMISSION ' S ASSESSMENT WERE NOT EXPLAINED IN GREATER DETAIL .
36 IN ITS OBSERVATIONS THE ITALIAN GOVERNMENT EMPHASIZED THE IMPORTANCE OF THE COMMISSION ' S DECISIONS FOR ALL THE MEMBER STATES ; THEY SERVE NOT ONLY TO RESOLVE SPECIFIC CASES BUT ALSO TO ENSURE UNIFORMITY OF TREATMENT IN ALL THE MEMBER STATES OF THE COMMUNITY . THEY SHOULD THEREFORE PROVIDE SUFFICIENT INFORMATION REGARDING THE REASONS FOR THE GRANT OR REFUSAL OF EXEMPTION .
37 IN THIS CASE THE DECISION SHOULD IN PARTICULAR HAVE INDICATED THAT THE DIFFERENCE BETWEEN THE TWO APPARATUSES WHICH WAS ALLEGED BY THE INSTITUTE EITHER DOES NOT EXIST OR IS WITHOUT