CASE THE OPERATIONS IN QUESTION FALL WITHIN THE AMBIT OF GERMAN INTERNAL TRADE WITHIN THE MEANING OF THE PROTOCOL ON GERMAN INTERNAL TRADE, WHICH WOULD MEAN, IN ITS VIEW, THAT THEY ARE EXEMPT FROM CUSTOMS DUTY . 32 IN VIEW OF THE ANSWER GIVEN TO THE SECOND QUESTION, THE FOURTH QUESTION DOES NOT CALL FOR A REPLY .
Decision on costs
COSTS 33 THE COSTS INCURRED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, IN THE NATURE OF 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, IN ANSWER TO QUESTIONS SUBMITTED TO IT BY THE FINANZGERICHT, HAMBURG, BY ORDER OF 29 AUGUST 1985, HEREBY RULES : ( 1 ) THE NATIONAL COURTS HAVE NO JURISDICTION THEMSEVES TO DECLARE THAT MEASURES TAKEN BY COMMUNITY INSTITUTIONS ARE INVALID . ( 2 ) THE DECISION ADDRESSED TO THE FEDERAL REPUBLIC OF GERMANY ON 6 MAY 1983 IN WHICH THE COMMISSION STATED THAT POST-CLEARANCE RECOVERY OF IMPORT DUTIES MUST BE CARRIED OUT IN A PARTICULAR CASE IS INVALID .