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 ( FIFTH CHAMBER ),
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE FINANZGERICHT HAMBURG , BY ORDER OF 31 MARCH 1982 , HEREBY RULES :
REGULATION NO 974/71 OF THE COUNCIL OF 12 MAY 1971 AND REGULATION NO 1259/72 OF THE COMMISSION OF 16 JUNE 1972 MUST BE INTERPRETED AS MEANING THAT THE DIFFERENCE BETWEEN THE MONETARY COMPENSATORY AMOUNT AT THE FULL RATE AND REDUCED MONETARY COMPENSATORY AMOUNT PAID UPON EXPORTATION OF BUTTER FROM STORAGE PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 20 OF REGULATION NO 1259/72 IS TO BE GRANTED A POSTERIORI WHEN THE BUTTER HAS NOT BEEN USED AFTER RE-IMPORTATION FOR THE PURPOSE AND WITHIN THE PERIOD PRESCRIBED BY THE REGULATION AND FOR THAT REASON THE BALANCE OF THE MONETARY COMPENSATORY AMOUNT AT THE FULL RATE WAS A POSTERIORI LEVIED AFTER RE-IMPORTATION .