TO THAT EFFECT FROM A GERMAN ASSOCIATION OF MACHINE MANUFACTURERS ( VEREIN DEUTSCHER MASCHINENBAU-ANSTALTEN ) AND THAT THAT REQUEST WAS FIRST SUBMITTED TO THE ASSOCIATION OF PRODUCERS IN THE ELECTROTECHNICAL INDUSTRY , WHICH GAVE A POSITIVE OPINION . THE VEREIN DEUTSCHER MASCHINENBAU-ANSTALTEN MAINTAINED THAT ALL EPROMS , WHATEVER THEIR STORAGE CAPACITY , HAD HOUSINGS OF IDENTICAL DIMENSIONS , AND THAT THOSE DIMENSIONS , NAMELY 14.2 X 33.3 MM , CORRESPONDED TO INTERNATIONAL STANDARDS RECOGNIZED IN PARTICULAR BY THE INTERNATIONAL ELECTROTECHNICAL COMMISSION , WHOSE TASK IT IS TO ESTABLISH INTERNATIONAL STANDARDS IN THE ELECTROTECHNICAL INDUSTRY . IN ADDITION IT APPEARS FROM INFORMATION SUPPLIED BY THE COUNCIL AND THE COMMISSION THAT THE REQUEST SUBMITTED BY THE GERMAN GOVERNMENT WAS , PRIOR TO ITS ADOPTION BY THE COUNCIL , EXAMINED BY A GROUP OF CUSTOMS EXPERTS , IN WHICH THE COMMISSION WAS REPRESENTED .
14 CONSEQUENTLY , THE ARGUMENT THAT THE FIXING BY REGULATION NO 2841/79 OF MAXIMUM DIMENSIONS FOR HOUSINGS WAS ARBITRARY CANNOT BE ACCEPTED .
15 ALTHOUGH REGULATION NO 1136/80 ALTERED FROM 7 MAY 1980 THE MAXIMUM DIMENSIONS OF HOUSINGS OF EPROMS CAPABLE OF QUALIFYING FOR THE SUSPENSION OF DUTIES , THAT FACT IS NOT SUCH AS TO RENDER INVALID THE MAXIMUM DIMENSIONS LAID DOWN IN THE PREVIOUS REGULATION . CUSTOMS REGULATIONS MAY BE ALTERED FOR A VARIETY OF REASONS , SUCH AS THE PROGRESS OF TECHNICAL KNOWLEDGE OR COMMERCIAL DEVELOPMENTS AND CHANGES IN THE ECONOMIC SITUATION WHICH HAVE OCCURRED IN THE MEANTIME . THE COUNCIL WOULD NOT BE IN A POSITION TO FULFIL ITS DUTY UNDER ARTICLE 28 IF EVERY ALTERATION OFTHE DESCRIPTION OF CATEGORIES OF GOODS SUBJECT TO SPECIFIC CUSTOMS RULES COULD RENDER INVALID THE DESCRIPTION USED PREVIOUSLY .
16 ALTHOUGH ARTICLE 28 LEAVES THE COUNCIL CONSIDERABLE DISCRETION , IT IS FOR THE COURT TO ASCERTAIN WHETHER OR NOT THE MANNER IN WHICH THE COUNCIL HAS CARRIED OUT THE DUTIES THEREBY ENTRUSTED TO IT CONSTITUTES A MISUSE OF POWER OR GIVES RISE TO DISCRIMINATION . IN THIS INSTANCE , HOWEVER , THERE IS NOTHING IN THE ALLEGATIONS OF THE PLAINTIFF IN THE MAIN PROCEEDINGS OR THE OTHER INFORMATION AT THE COURT ' S DISPOSAL TO SUGGEST THAT THE MANNER IN WHICH THE DIMENSIONS IN QUESTION WERE FIXED WAS INTENDED TO PLACE AT AN ADVANTAGE OR A DISADVANTAGE CERTAIN TRADERS , OR THAT IT WAS DISCRIMINATORY .
17 CONSEQUENTLY IN REPLY TO THE NATIONAL COURT IT MUST BE STATED THAT CONSIDERATION OF ITS FIRST QUESTION HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATION NO 2841/79 .
18 THE SECOND QUESTION , WHICH WAS TO BE ANSWERED ONLY IF THE REPLY TO THE FIRST QUESTION WAS IN THE AFFIRMATIVE , HAS THUS BECOME DEVOID OF PURPOSE .
Decision on costs
COSTS
19 THE COSTS INCURRED BY THE COUNCIL AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . SINCE THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE