THE CALCULATION OF THE TAX IN THE PROVISION IN QUESTION AND LEAVING ITALY TO CHOOSE THEM, THE COMMISSION DISCHARGED ITSELF OF ITS OWN RESPONSIBILITY TO ADOPT THE BASIC RULES AND TO SUBMIT THEM BY WAY OF THE MANAGEMENT COMMITTEE PROCEDURE TO THE APPROVAL IF NEED BE OF THE COUNCIL .
49 THEREFORE THE ANSWER TO THE FIRST TWO QUESTIONS FROM THE NATIONAL COURT MUST BE THAT ARTICLE 6 OF REGULATION NO 834/74 IS INVALID .
QUESTION NINE
50 THE NINTH QUESTION ASKS WHETHER THE COMMUNITY LEGAL SYSTEM RECOGNIZES PRINCIPLES WHICH ENABLE A LEGISLATIVE MEASURE OF A MEMBER STATE TO BE DECLARED ILLEGAL IN SO FAR AS IT CONFLICTS WITH COMMUNITY LAW WHEN THAT MEASURE IS ADOPTED FOR THE PURPOSE OF IMPLEMENTING INVALID MEASURES OF COMMUNITY INSTITUTIONS .
51 IT IS FIRST OF ALL FOR THE NATIONAL AUTHORITIES TO DRAW THE CONSEQUENCES IN THEIR LEGAL SYSTEM OF THE DECLARATION OF SUCH INVALIDITY MADE UNDER ARTICLE 177 OF THE EEC TREATY .
THE OTHER QUESTIONS
52 THE OTHER QUESTIONS OF THE NATIONAL COURT RELATE TO THE VALIDITY OF THE PROVISION OF ARTICLE 6 OF REGULATION NO 834/74 IN OTHER RESPECTS, SO THAT, IN VIEW OF THE ANSWER TO THE FIRST TWO QUESTIONS, THEY SERVE NO PURPOSE .
Decision on costs
53/54 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES AND BY THE ITALIAN REPUBLIC, WHICH HAVE PRESENTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, IN SO FAR 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 QUESTIONS REFERRED TO IT BY THE PRETURA DI ABBIATEGRASSO BY ORDER OF THAT COURT DATED 30 JANUARY 1975,
HEREBY RULES :
ARTICLE 6 OF REGULATION NO 834/74/EEC OF THE COMMISSION IS INVALID .