ALSO BE CONTESTED BEFORE A NATIONAL COURT IN AN APPEAL AGAINST THE ASSESSMENT TO CUSTOMS DUTY , SO THAT THE NATIONAL COURT MAY , IF NECESSARY , SUBMIT THE QUESTION OF THE DECISION ' S VALIDITY TO THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN THE FORM OF A REQUEST FOR A PRELIMINARY RULING?
3.IF THE DECISION ' S LEGALITY CAN BE CONTESTED IN PROCEEDINGS BEFORE A NATIONAL COURT , IS COMMISSION DECISION 78/851/EEC OF 5 OCTOBER 1978 ON THE PACKARD 2425 TRI-CARB SPECTROMETER INVALID BECAUSE , EVEN THOUGH SIMILAR TYPES OF APPARATUS , AS THE COMMISSION DESCRIBES IN ITS DECISION , ARE MADE IN THE COMMUNITY , THEY WERE INFERIOR IN PERFORMANCE TO THE IMPORTED INSTRUMENT , ESPECIALLY WHEN THE USER ' S SPECIFICATIONS ARE CONSIDERED?
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THE FIRST TWO QUESTIONS
5 BY THESE QUESTIONS THE NATIONAL COURT IN SUBSTANCE SEEKS TO ASCERTAIN WHETHER , BY NOT HAVING BROUGHT PROCEEDINGS UNDER THE SECOND PARAGRAPH OF ARTICLE 173 AGAINST A DECISION OF THE COMMISSION OF THE TYPE IN QUESTION WITHIN THE PERIODS STIPULATED IN THE THIRD PARAGRAPH OF THAT ARTICLE , THE PERSON OR PERSONS CONCERNED BY THAT DECISION ARE , ACCORDING TO COMMUNITY LAW , PRECLUDED FROM RELYING UPON THE INVALIDITY OF THAT DECISION IN PROCEEDINGS BEFORE A NATIONAL COURT . FOR THE PURPOSE OF RESOLVING THAT ISSUE THE PROCEDURE ESTABLISHED BY THE AFORESAID REGULATIONS SHOULD BE CONSIDERED .
6 ARTICLE 3 OF REGULATION NO 3195/75 REQUIRES AN APPLICATION FOR DUTY-FREE ADMISSION TO BE SUBMITTED TO THE COMPETENT AUTHORITY OF THE MEMBER STATE IN WHICH THE SCIENTIFIC ESTABLISHMENT IN QUESTION IS SITUATED . ARTICLE 4 REQUIRES THAT NATIONAL AUTHORITY TO GIVE A DIRECT DECISION ON APPLICATIONS IN ALL CASES WHERE THE INFORMATION AT ITS DISPOSAL ENABLES IT TO DECIDE WHETHER OR NOT THERE EXIST APPARATUS OF EQUIVALENT SCIENTIFIC VALUE WHICH ARE CURRENTLY MANUFACTURED IN THE COMMUNITY . ONLY IF THE NATIONAL AUTHORITY CONSIDERS THAT IT IS UNABLE TO DECIDE THAT QUESTION FOR ITSELF IS IT THEREFORE BOUND TO REFER IT TO THE COMMISSION AND COMMUNITY LAW DOES NOT REQUIRE THE APPLICANT TO BE INFORMED OF THAT REFERENCE .
7 THE DECISION ADOPTED BY THE COMMISSION IS ADDRESSED TO ALL THE MEMBER STATES . BY VIRTUE OF ARTICLE 191 OF THE TREATY IT MUST THEREFORE BE NOTIFIED TO THE MEMBER STATES AND IT TAKES EFFECT UPON SUCH NOTIFICATION . HOWEVER , IT DOES NOT HAVE TO BE NOTIFIED TO THE PERSON APPLYING FOR EXEMPTION FROM CUSTOMS DUTY AND IT IS NOT ONE OF THE MEASURES WHICH THE TREATY REQUIRES TO BE PUBLISHED . EVEN IF IN PRACTICE THE DECISION IS IN FACT PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , ITS WORDING DOES NOT NECESSARILY ENABLE THE APPLICANT TO ASCERTAIN WHETHER IT WAS ADOPTED IN RELATION TO THE PROCEDURE WHICH HE INITIATED .
8 SINCE THE DECISION IS BINDING ON THE MEMBER STATES , THE NATIONAL AUTHORITY MUST REJECT THE APPLICATION FOR DUTY-FREE ADMISSION IN THE EVENT OF A NEGATIVE DECISION ON THE PART OF THE