NOT BOUND TO FIX COMPENSATORY AMOUNTS FOR ALL THE PRODUCTS IN A GROUP , BUT MAY ASSESS THE NEED TO APPLY COMPENSATORY AMOUNTS EITHER BY PRODUCTS OR BY GROUPS OF PRODUCTS .
MOREOVER , THE PLAINTIFF HAS NOT SHOWN THAT IT IS A QUESTION OF SIMILAR PRODUCTS WHICH ARE IN COMPETITION WITH THE PRODUCTS COVERED BY THE REGULATION .
THEREFORE IT MUST BE FOUND THAT IT WAS OPEN TO THE COMMISSION TO ADOPT REGULATION NO 800/77 AND TO FIX MONETARY COMPENSATORY AMOUNTS FOR THE PRODUCTS IN QUESTION .
Decision on costs
COSTS
16THE COSTS INCURRED BY THE IRISH GOVERNMENT , THE ITALIAN GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE FINANZGERICHT DUSSELDORF , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE FINANZGERICHT DUSSELDORF BY AN ORDER OF 7 JULY 1978 , HEREBY RULES :
CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF REGULATION NO 800/77 .