UNIVERSITIES OF BRUSSELS HAVE ALSO BEEN USED FOR ADMINISTRATIVE PURPOSES . FURTHERMORE , OF THE 13 CYBER COMPUTERS HITHERTO IMPORTED INTO FRANCE ONLY FOUR ARE USED MAINLY FOR RESEARCH , SIX ARE USED FOR TECHNICAL ADMINISTRATION AND FOR SCIENTIFIC CALCULATIONS WHILST THREE ARE USED FOR VARIOUS PURPOSES , INCLUDING ACCOUNTING , INVOICING AND SALARIES .
29 IN ORDER TO APPRAISE THESE ADDITIONAL ARGUMENTS OF THE COMMISSION THE RELEVANT COMMUNITY PROVISIONS CITED ABOVE SHOULD BE RECALLED . APART FROM THE DISTINCTION BETWEEN SCIENTIFIC RESEARCH AND WORK IN THE FIELD OF ADVANCED TECHNOLOGY , WHICH THE COMMISSION HAS INDICATED BUT HAS ENTIRELY FAILED TO CLARIFY , IT DOES NOT APPEAR THAT THOSE ARGUMENTS PRECLUDE THE RECOGNITION OF THE COMPUTERS IN QUESTION AS APPARATUS ' ' MAINLY . . . SUITED TO SCIENTIFIC ACTIVITIES ' ' ( ARTICLE 3 OF REGULATION NO 1798/75 ) OR ' ' WHICH MAKE IT POSSIBLE TO OBTAIN HIGH-LEVEL PERFORMANCES ABOVE THOSE NORMALLY REQUIRED FOR INDUSTRIAL OR COMMERCIAL USE ' ' ( ARTICLE 5 OF REGULATION NO 2784/79 ).
30 WITH REGARD TO THE EXAMINATION OF THE GENERAL USES OF AN APPARATUS OF THAT TYPE WHICH IS PRESCRIBED BY ARTICLE 5 OF REGULATION NO 2784/79 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 , IT SHOULD BE RECALLED THAT THE EXAMINATION MUST COVER THE COMMUNITY AS A WHOLE AND NOT MERELY ONE MEMBER STATE . IN ADDITION , ACCORDING TO THE 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 ' ' .
31 IT MUST THEREFORE BE CONCLUDED THAT NEITHER THE STATEMENT OF THE REASONS ON WHICH THE DECISION AT ISSUE IN BASED NOR THE COMMISSION ' S ARGUMENTS BEFORE THE COURT HAVE MADE IT POSSIBLE FOR THE COURT TO FIND THAT WHEN THE COMMISSION ADOPTED THE DECISION IT APPLIED CLEAR CRITERIA WHICH WERE IN ACCORDANCE WITH THE COMMUNITY REGULATIONS AND THAT IN DOING SO IT HAD SUFFICIENT REGARD FOR THE PARTICULAR OBJECTIVE CHARACTERISTICS OF THE TWO COMPUTERS IN QUESTION .
32 FOR THAT REASON THE DECISION ADOPTED BY THE COMMISSION SHOULD BE DECLARED VOID AND THE MATTER SHOULD BE REFERRED BACK TO THE COMMISSION FOR RECONSIDERATION .
Decision on costs
COSTS
33 ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DECLARES THAT COMMISSION DECISION 81/692/EEC OF 10 AUGUST 1981 ESTABLISHING THAT THE APPARATUS DESCRIBED AS ' ' CONTROL DATA-CYBER 170-720 ; CYBER 170-750 ' ' MAY NOT BE IMPORTED FREE OF COMMON CUSTOMS