COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE VERWALTUNGSGERICHT FRANKFURT AM MAIN , BY ORDERS OF 30 APRIL 1981 , HEREBY RULES :
1 . A DENATURING PREMIUM GRANTED ON THE BASIS OF ARTICLE 4 ( 2 ) OF REGULATION NO 172/67 MUST , IF THE STANDARD METHOD LAID DOWN IN ANNEX I TO REGULATION NO 1403/69 OF THE COMMISSION IS SELECTED , BE REGARDED AS WRONGLY PAID IF THE RULES FOR THAT METHOD HAVE NOT BEEN COMPLIED WITH .
2.COMMUNITY LAW IN ITS PRESENT STATE DOES NOT RESTRICT TO A SPECIFIC METHOD THE SUPERVISION , BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES , OF THE REGULARITY OF DENATURING OPERATIONS CONFERRING ENTITLEMENT TO PAYMENT OF THE PREMIUM . SUPERVISION MAY INTER ALIA TAKE THE FORM OF AN AUDIT OF THE ACCOUNTING RECORDS . IT IS FOR THE COMPETENT NATIONAL AUTHORITIES TO DETERMINE , SUBJECT TO REVIEW BY THE NATIONAL COURTS , WHAT PROBATIVE VALUE IT IS APPROPRIATE TO ATTRIBUTE TO THE RESULTS OF THE VARIOUS TYPES OF SUPERVISION TO WHICH DENATURING OPERATIONS ARE SUBJECT .
3.ARTICLE 8 ( 1 ) OF REGULATION NO 729/70 OF THE COUNCIL REQUIRES AND DOES NOT MERELY EMPOWER THE MEMBER STATES TO DEMAND REPAYMENT OF COMMUNITY DENATURING PREMIUMS UNDULY OR IRREGULARLY GRANTED , AND IT IS NOT POSSIBLE TO LEAVE THE QUESTION OF REPAYMENT IN EACH INDIVIDUAL CASE TO THE DISCRETION OF THE COMPETENT NATIONAL AUTHORITIES .