FACT THAT THE LEVY IN ISSUE FORMS A SINGLE ENTITY WITH THE LEVY IMPOSED ON BOOK PUBLISHERS BY THE SAME INTERNAL LEGISLATION AND FROM THE FACT , TOO , THAT IT IS BORNE BY A RANGE OF VERY DIFFERENT MACHINES WHICH ARE MOREOVER CLASSIFIED UNDER VARIOUS CUSTOMS HEADINGS BUT WHICH HAVE IN COMMON THE FACT THAT THEY ARE ALL INTENDED TO BE USED FOR REPROGRAPHIC PURPOSES IN ADDITION TO MORE SPECIFIC USES .
18 IT FOLLOWS FROM THOSE CONSIDERATIONS THAT THE ALLEGED FAILURE TO FULFIL OBLIGATIONS HAS NOT BEEN PROVED AND THAT THE ACTION SHOULD BE DISMISSED .
Decision on costs
19 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS IF THE OTHER PARTY HAS ASKED FOR THEM . SINCE THE APPLICANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATION AS UNFOUNDED ;
2.ORDERS THE APPLICANT TO PAY THE COSTS .