THE APPLICANTS OUGHT THEREFORE TO HAVE REFERRED THE DECISION OF THE ITALIAN CUSTOMS AUTHORITIES REQUESTING PAYMENT OF THE MONETARY COMPENSATORY AMOUNTS IN QUESTION TO THE ITALIAN COURTS IF THEY CONSIDERED THAT SUCH A DEMAND WAS CONTRARY TO COMMUNITY LAW, AND THEY OUGHT STILL TO DO SO IF IN THEIR VIEW THE CONDITIONS ARE STILL SATISFIED . IN THE COURSE OF SUCH PROCEEDINGS THE NATIONAL COURT MAY IN ANY CASE REFER TO THIS COURT ANY QUESTION CONCERNING THE INTERPRETATION OR VALIDITY OF COMMUNITY LAW IF IT CONSIDERS THAT THE REPLY WOULD BE USEFUL IN ORDER FOR IT TO GIVE JUDGMENT .
13 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICANTS MAY ONLY PROPERLY RELY, IN RELATION TO THE CONTESTED DECISION, ON ARGUMENTS SEEKING TO SHOW THE EXISTENCE IN THIS CASE OF SPECIAL CIRCUMSTANCES AND THE ABSENCE OF NEGLIGENCE OR DECEPTION ON THEIR PART, AND NOT ON ARGUMENTS SEEKING TO SHOW THAT THE DECISION SUBJECTING THEM TO PAYMENT OF THE DUTY AT ISSUE WAS UNLAWFUL, EVEN THOUGH THE COMMISSION DECISION IN QUESTION DEALT AT LENGTH, AND UNNECESSARILY, WITH THAT QUESTION .
THE SPECIAL CIRCUMSTANCE THAT UNDERTAKINGS IN OTHER MEMBER STATES WERE TREATED MORE FAVOURABLY
14 THE APPLICANTS MAINTAINED THAT EXEMPTION FROM PAYMENT OF MONETARY COMPENSATORY AMOUNTS WAS GRANTED IN SIMILAR CIRCUMSTANCES AND AT THE SAME TIME BY THE CUSTOMS AUTHORITIES OF OTHER MEMBER STATES . THAT RESULTED IN DISCRIMINATION BETWEEN THE TRADERS CONCERNED IN THOSE COUNTRIES AND THE APPLICANTS, AMOUNTING TO A SPECIAL CIRCUMSTANCE WITHIN THE MEANING OF ARTICLE 13 OF REGULATION NO 1430/79 . THE FAILURE TO TAKE THAT FACTOR INTO ACCOUNT RENDERED THE COMMISSION' S DECISION UNLAWFUL .
15 THAT SUBMISSION CANNOT BE ACCEPTED . IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THE INTERPRETATION APPLIED BY THE CUSTOMS AUTHORITIES OF THE TWO MEMBER STATES IN QUESTION CANNOT BE RELIED UPON AGAINST THE COMMISSION, WHICH TOOK THE VIEW THAT THE OPERATIONS WERE CONTRARY TO COMMUNITY LAW AND REQUESTED THAT THE CORRESPONDING OWN RESOURCES BE MADE AVAILABLE . IN JULY 1985, HAVING FAILED TO OBTAIN SATISFACTION, THE COMMISSION INSTITUTED PROCEEDINGS AGAINST THE MEMBER STATES IN QUESTION UNDER ARTICLE 169 OF THE EEC TREATY . FURTHERMORE, IT HAS NOT BEEN SHOWN THAT THE COMMISSION AGREED TO EXEMPTION FROM PAYMENT OF MONETARY COMPENSATORY AMOUNTS IN FAVOUR OF TRADERS IN A SITUATION SIMILAR TO THAT OF THE APPLICANTS .
THE SPECIAL CIRCUMSTANCE CONCERNING THE CONDUCT OF THE ITALIAN CUSTOMS AUTHORITIES AND THE COMMISSION
16 ACCORDING TO THE APPLICANTS THE FACT THAT THE ITALIAN CUSTOMS AUTHORITIES DECIDED NOT TO LEVY MONETARY COMPENSATORY AMOUNTS IN THIS CASE AND SUBSEQUENTLY ADOPTED A DIFFERENT VIEW ON THE COMMISSION' S REQUEST CONSTITUTES A SPECIAL CIRCUMSTANCE WITHIN THE MEANING OF ARTICLE 13 OF REGULATION NO 1430/79 . AS A RESULT OF THAT CHANGE OF MIND THEY HAD HAD TO PROVIDE A SECURITY AND THERE WAS A RISK THAT THEY WOULD HAVE TO PAY THE DUTY . IN ADDITION, THE COMMISSION ITSELF WAS HESITANT AS REGARDS THE POSITION TO BE ADOPTED AND CAME TO A DECISION ONLY AFTER SOME