COUNCIL .
7 THE REFUNDS ARE PURSUANT TO ARTICLE 17 ( 4 ), TO BE FIXED PERIODICALLY BY THE COMMISSION BY THE " MANAGEMENT COMMITTEE " PROCEDURE .
8 THE COUNCIL, BY ITS REGULATION NO 204/69, PURSUANT TO ARTICLE 17 ( 3 ) OF REGULATION NO 804/68 AND A NUMBER OF BASIC REGULATIONS FOR OTHER AGRICULTURAL SECTORS, LAID DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON GOODS NOT COVERED BY ANNEX II TO THE TREATY .
9 THE AMOUNT OF THE REFUND IS, PURSUANT TO ARTICLE 2 OF THAT REGULATION TO BE OBTAINED BY MULTIPLYING TWO FACTORS, I.E . ON THE ONE HAND THE QUANTITY OF THE BASIC PRODUCTS LISTED IN ANNEX A, AND ON THE OTHER HAND THE RATE OF REFUND ON THE RELEVANT BASIC PRODUCT .
10 AS REGARDS THE QUANTITY OF BASIC PRODUCTS TO BE TAKEN IN RESPECT OF THE GOODS INCLUDED IN ANNEX C, ARTICLE 3 LAYS DOWN THE FIXED QUANTITIES SPECIFIED IN THAT ANNEX .
11 AS REGARDS LACTALBUMIN AND OVALBUMIN THE ANNEX REFERS TO THE SAME FIXED QUANTITY OF EGGS IN SHELL .
12 ALTHOUGH THEREFORE THE PROVISIONS OF REGULATION NO 204/69 - AS GENERAL RULES - PRESCRIBE AN IDENTICAL METHOD OF CALCULATION, BY REFERENCE TO EGGS IN SHELL, FOR REFUNDS UPON EXPORT OF LACTALBUMIN AND OF OVALBUMIN, THEY CANNOT BE INTERPRETED AS GIVING RISE TO A CLAIM TO A REFUND .
13 A REFUND FOR MILK EXPORTED IN THE FORM OF LACTALBUMIN COULD BE GRANTED ONLY ON THE BASIS OF A REGULATION MADE BY THE COMMISSION PURSUANT TO ARTICLE 17 ( 4 ) OF REGULATION NO 804/68 .
14 THE COMMISSION HAS CLEARLY NOT MADE SUCH A REGULATION .
15 ACCORDINGLY, WHILST THE COMMISSION HAS REPEATEDLY LAID DOWN A RATE OF REFUND FOR EGGS EXPORTED IN THE FORM OF OVALBUMIN, THIS DOES NOT GIVE RISE TO A CLAIM TO REFUND FOR MILK EXPORTED IN THE FORM OF LACTALBUMIN .
16 ACCORDINGLY, THE REPLY TO THE NATIONAL COURT MUST BE THAT THOUGH THE CRITERIA IN REGULATION NO EEC 204/69, AND IN PARTICULAR IN ANNEX C FOR CALCULATING THE AMOUNT OF EXPORT REFUNDS FOR OVALBUMIN REFER TO LACTALBUMIN, THIS DOES NOT IMPLY THAT THE PROVISION OF A REFUND AVAILABLE ON EXPORT OF OVALBUMIN EXTENDS ALSO TO EXPORT OF LACTALBUMIN, IN THE ABSENCE OF A SPECIAL PROVISION IN A REGULATION OF THE COMMISSION MADE UNDER ARTICLE 17 OF REGULATION NO 804/68 .
Decision on costs
17 THE COSTS INCURRED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHO SUBMITTED THEIR OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN, BY ORDER OF THAT COURT DATED 13 JULY 1973, HEREBY RULES :
ALTHOUGH THE