NATIONALS OF ASCERTAINING THE CIRCUMSTANCES IN WHICH THE COMMISSION HAS APPLIED THE TREATY .
THUS IT IS NOT SUFFICIENT THAT THE MEMBER STATES , AS ADDRESSEES OF A DECISION DECLARING THAT THE IMPORTATION OF APPARATUS CANNOT TAKE PLACE FREE OF COMMON CUSTOMS TARIFF DUTIES , ARE AWARE OF THE REASONS FOR THAT DECISION AS A RESULT OF THEIR PARTICIPATION IN THE PRELIMINARY PROCEDURE AND THAT AN IMPORTER , THE PERSON DIRECTLY AND INDIVIDUALLY CONCERNED , IS ABLE TO DEDUCE THESE REASONS BY COMPARING THE DECISION IN QUESTION WITH SIMILAR , EARLIER DECISIONS .
3 . ALTHOUGH , WITHIN THE FRAMEWORK OF AN ACTION TO HAVE DECLARED VOID A COMMISSION DECISION DECLARING THAT THE IMPORTATION OF APPARATUS CANNOT , BY REASON OF THE NON-SCIENTIFIC NATURE OF THE LATTER , TAKE PLACE FREE OF COMMON CUSTOMS TARIFF DUTIES , IT IS NOT FOR THE COURT TO FIND THAT THE APPARATUS IN QUESTION ARE OF A SCIENTIFIC NATURE , IT MUST ON THE OTHER HAND ASCERTAIN WHETHER THE CRITERIA APPLIED BY THE COMMISSION ARE IN ACCORDANCE WITH THE COMMUNITY RULES AND WHETHER IN APPLYING THOSE CRITERIA THE COMMISSION TOOK ACCOUNT OF THE OBJECTIVE CHARACTERISTICS OF THE PRODUCT REFERRED TO BY THE DECISION AT ISSUE .
4 . THE EXAMINATION , AS PRESCRIBED BY ARTICLE 5 OF REGULATION NO 2784/79 , OF THE GENERAL USES OF AN APPARATUS FOR WHICH AN APPLICATION FOR IMPORTATION FREE OF COMMON CUSTOM TARIFF DUTIES IS MADE , IN CASES WHERE IT IS NOT POSSIBLE TO ESTABLISH CLEARLY , ON THE BASIS OF THE OBJECTIVE TECHNICAL CHARACTERISTICS OF THE IMPORTED APPARATUS , WHETHER IT IS TO BE REGARDED AS A SCIENTIFIC INSTRUMENT OR APPARATUS , MUST COVER THE COMMUNITY AS A WHOLE AND NOT MERELY ONE MEMBER STATE . IN ADDITION , ACCORDING TO THAT ARTICLE , IT IS SUFFICIENT , IN ORDER TO ESTABLISH THE SCIENTIFIC NATURE OF THE EQUIPMENT , THAT THE EXAMINATION SHOULD SHOW ' ' THAT THE INSTRUMENT OR APPARATUS IN QUESTION IS USED MAINLY FOR SCIENTIFIC PURPOSES ' ' .
Parties
IN CASE 294/81
CONTROL DATA BELGIUM NV SA , A LIMITED LIABILITY COMPANY GOVERNED BY BELGIAN LAW HAVING ITS REGISTERED OFFICE AT 50 RUE DE LA FUSEE , 1130 BRUSSELS , REPRESENTED BY IAN S . FORRESTER , OF THE SCOTS BAR , INSTRUCTED BY OPPENHEIMER , WOLFF , FOSTER , SHEPARD & DONNELLY , ATTORNEYS-AT-LAW , MINNEAPOLIS AND ST PAUL , MINNESOTA , UNITED STATES OF AMERICA , AND OF BRUSSELS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JEAN-CLAUDE WOLTER , 2 RUE GOETHE ,
APPLICANT ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY RICHARD WAINWRIGHT , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR A DECLARATION THAT COMMISSION DECISION 81/692/EEC OF 10 AUGUST 1981 ( OFFICIAL JOURNAL 1981 , L 252 , P