AND INSURANCE COSTS INCURRED IN BRINGING THE GOODS TO THE COMMUNITY PORT OF DESTINATION .
37 IT SHOULD BE NOTED THAT THE MAIN ARGUMENT IS BASED ON THE PREMISE, ALREADY REJECTED ABOVE, THAT THERE ARE TWO CATEGORIES OF DRIED GRAPES APART FROM CURRANTS, NAMELY RAISINS AND SULTANAS, WHICH ARE NOT INTERCHANGEABLE .
38 MOREOVER, IT IS APPARENT FROM THE PREAMBLES TO COUNCIL REGULATION NO 2089/85 AND COMMISSION REGULATION NO 2237/85 THAT, ON THE ONE HAND, THE REASONS FOR INTRODUCING PROTECTIVE MEASURES FOR THE WHOLE DURATION OF THE NEW PERIOD REMAIN THE SAME, NAMELY THE RISK OF DISTURBANCE ON THE MARKET ON ACCOUNT OF THE PRICES CHARGED BY THE NON-MEMBER COUNTRIES OF EXPORTATION, COMBINED WITH CURRENCY FLUCTUATIONS, AND, ON THE OTHER, ACCOUNT WAS TAKEN OF THE NEW MONETARY COEFFICIENTS FIXED HAVING REGARD TO THE FREQUENT CHANGES IN THE PARITIES .
39 LASTLY, IT SHOULD BE NOTED THAT ARTICLE 1 ( 2 ) OF REGULATION NO 2237/85 DESIGNATES THE FOB PRICE IN THE COUNTRY OF ORIGIN AND THE TRANSPORT AND INSURANCE COSTS AS THE FACTORS CONSTITUTING THE IMPORT PRICE .
40 IT FOLLOWS FROM ALL THE FOREGOING THAT CONSIDERATION OF THE SECOND QUESTION HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF COUNCIL REGULATION NO 2089/85 OR OF COMMISSION REGULATIONS NOS 2237/85 AND 2238/85 .
Decision on costs
COSTS
41 THE COSTS INCURRED BY THE GREEK AND NETHERLANDS GOVERNMENTS AND BY THE COUNCIL AND COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( SIXTH CHAMBER ),
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE QUEEN' S BENCH DIVISION OF THE HIGH COURT OF JUSTICE BY ORDER OF 3 MARCH 1986, HEREBY RULES :
( 1 ) CONSIDERATION OF THE FIRST QUESTION HAS DISCLOSED THAT COMMISSION REGULATION NO 2742/82 OF 13 OCTOBER 1982 ON PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF DRIED GRAPES ( OFFICIAL JOURNAL 1982, L 290, P . 28 ), AS AMENDED FROM TIME TO TIME, IS INVALID IN SO FAR AS IT ESTABLISHED A COUNTERVAILING CHARGE AT A FIXED RATE EQUAL TO THE DIFFERENCE BETWEEN THE LOWEST PRICE ON THE WORLD MARKET AND THE MINIMUM PRICE;
( 2 ) CONSIDERATION OF THE SECOND QUESTION HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF COUNCIL REGULATION NO 2089/85 OF 23 JULY 1985 OR OF COMMISSION REGULATIONS NO 2237/85 OF 30 JULY 1985 AND NO 2238/85 OF 31 JULY 1985 .