INVALID BY THE JUDGMENT IN CASE 30/84, NAMELY THAT IT RELIED ON GENERAL STATEMENTS APPLICABLE TO ALL COMPUTERS AND DID NOT CONTAIN ANY SUBSTANTIAL ARGUMENTS TO REFUTE THE FINDINGS IN THE EXPERT' S REPORT PRODUCED BY NICOLET ESTABLISHING THAT THE APPARATUS NIC-1180 WAS A SCIENTIFIC APPARATUS .
18 WITH REGARD TO THAT ARGUMENT IT MUST BE STATED IN THE FIRST PLACE THAT, ACCORDING TO THE VERY TERMS OF THE CONTESTED DECISION, THE EXPERT' S REPORT PRODUCED BY NICOLET WAS CONSIDERED AN INTEGRAL PART OF THE APPLICATION FOR EXEMPTION AND THAT EACH OF THE OBJECTIVE TECHNICAL CHARACTERISTICS RELIED ON IN THAT REPORT TO PROVE THE SCIENTIFIC CHARACTER OF THE APPARATUS WAS TAKEN INTO ACCOUNT BY THE COMMISSION .
19 THE EXAMINATION CONDUCTED IN THAT WAY CONFORMS WITH THE CRITERIA FOR ASSESSMENT LAID DOWN IN THE ABOVEMENTIONED COUNCIL AND COMMISSION REGULATIONS REFERRED TO BY THE COURT IN ITS JUDGMENT IN CASE 30/84, CITED ABOVE .
20 SECONDLY, THERE IS NOTHING TO SHOW THAT, EITHER IN ITS EXAMINATION OF THE VARIOUS OBJECTIVE TECHNICAL CHARACTERISTICS OF THE NIC-1180 APPARATUS UNDERLYING THE CONTESTED DECISION OR IN ITS CONCLUSION THAT THAT APPARATUS WAS NOT EXCLUSIVELY OR MAINLY SUITED TO SCIENTIFIC ACTIVITIES, THE COMMISSION MADE ANY MANIFESTLY ERRONEOUS ASSESSMENT .
21 ACCORDINGLY, THE ALLEGATION OF A MANIFEST ERROR OF ASSESSMENT LIKEWISE CANNOT BE UPHELD .
22 THE ANSWER TO BE GIVEN IN REPLY TO THE NATIONAL COURT MUST THEREFORE BE THAT CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A NATURE AS TO AFFECT THE VALIDITY OF DECISION C(85 ) 1661/2 OF 18 OCTOBER 1985 .
Decision on costs
COSTS
23 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . SINCE THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( THIRD CHAMBER ),
IN ANSWER TO THE QUESTION SUBMITTED TO IT BY THE SEVENTH SENATE OF THE HESSISCHES FINANZGERICHT BY ORDER OF 21 JANUARY 1987, HEREBY RULES :
CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A NATURE AS TO AFFECT THE VALIDITY OF COMMISSION DECISION C(85 ) 1661/2 OF 18 OCTOBER 1985 .