SCIENTIFIC AND CULTURAL MATERIALS, DRAWN UP UNDER THE AUSPICES OF THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION .
16 THE CRITERION OF BEING "MAINLY OR EXCLUSIVELY SUITED" PROVIDED FOR BY ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75, AS AMENDED BY REGULATION NO 1027/79, THEREFORE REQUIRES ONLY THAT THE INSTRUMENT OR APPARATUS MUST BE PRIMARILY SUITABLE FOR SCIENTIFIC ACTIVITIES AND DOES NOT EXCLUDE THE POSSIBILITY THAT THE INSTRUMENT OR APPARATUS MIGHT ALSO BE SUITABLE, SECONDARILY, FOR OTHER PURPOSES, SUCH AS, FOR EXAMPLE, INDUSTRIAL USE .
17 CONSEQUENTLY, THE COMMISSION ADOPTED AN APPROACH WHICH WAS TOO NARROW BY PROCEEDING ON THE BASIS THAT THE MERE FACT THAT A COMPUTER WAS DESIGNED FOR HANDLING LONG WORDS AND WAS THEREFORE CAPABLE OF BEING USED IN CERTAIN INDUSTRIAL UNDERTAKINGS WAS SUFFICIENT TO PREVENT IT FROM QUALIFYING FOR DUTY-FREE ADMISSION . IT SHOULD HAVE CONSIDERED WHETHER THE COMPUTERS WERE PRIMARILY SUITABLE FOR SCIENTIFIC ACTIVITIES IN VIEW OF THE UNUSUAL LENGTH OF THE WORDS WHICH THEY COULD HANDLE AND THEIR ABILITY TO CARRY OUT COMPLEX OPERATIONS AT HIGH SPEED AND, IF THEY WERE, IT SHOULD HAVE ADMITTED THEM DUTY-FREE EVEN IF THEY COULD ALSO BE USED IN INDUSTRIAL UNDERTAKINGS .
18 CONSEQUENTLY, WITHOUT IT BEING NECESSARY TO GIVE A RULING ON THE OTHER GROUNDS OF INVALIDITY PUT FORWARD BY THE APPLICANT, IT MUST BE CONCLUDED THAT DECISION NO 83/521 SHOULD BE DECLARED VOID .
Decision on costs
COSTS
19 ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE COMMISSION HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
On those grounds,
THE COURT ( First Chamber )
hereby :
( 1 ) Declares that Commission Decision No 83/521 of 12 October 1983 establishing that the apparatus described as "Control Data - Cyber 170-720 and 170-750" may not be imported free of Common Customs Tariff duties ( Official Journal 1983, L*293, p.*24 ) is void;
( 2 ) Orders the Commission to pay the costs .