PUBLIC SERVICE OBLIGATIONS ARE MAINTAINED FOR PASSENGER TRAFFIC BUT TERMINATED FOR GOODS TRAFFIC .
25 IN THIS CONNEXION, THE APPELLANT IN THE MAIN ACTION BELIEVES THAT, IN SUCH A SITUATION THE COSTS SHOULD IN PRINCIPLE BE ALLOCATED TO THE BRANCH OF OPERATIONS FOR WHICH THE PUBLIC SERVICE OBLIGATIONS HAVE BEEN MAINTAINED .
26 THE MINISTER OF TRANSPORT, ON THE OTHER HAND, CONSIDERS THAT THE COSTS IN QUESTION MUST BE DISTRIBUTED AMONG THE VARIOUS CATEGORIES OF TRANSPORT, EACH OF THEM RECEIVING ITS PROPORTIONATE ALLOCATION .
27 IN A SITUATION WHERE THERE HAS BEEN PARTIAL TERMINATION OF OBLIGATIONS TO OPERATE AND TO CARRY, THE ASSESSMENT OF THE FINANCIAL BURDENS WHICH TERMINATION OF THE OBLIGATION MIGHT ELIMINATE MUST, UNDER THE THIRD PARAGRAPH OF ARTICLE 5 ( 1 ) OF REGULATION NO 1191/69, BE CARRIED OUT " BY ALLOCATING AMONG THE VARIOUS CATEGORIES OF TRAFFIC THE TOTAL COSTS BORNE BY THE UNDERTAKING BY REASON OF ITS TRANSPORT ACTIVITIES ".
28 FURTHERMORE, IN ORDER TO DETERMINE THE COSTS ALLOCABLE TO THAT PART OF THE UNDERTAKING' S ACTIVITIES AFFECTED BY THE PUBLIC SERVICE OBLIGATION, THE SECOND PARAGRAPH OF ARTICLE 10 ( 1 ) PROVIDES FOR ALLOCATION OF THE TOTAL COSTS BORNE BY THE UNDERTAKING AMONG THE VARIOUS PARTS OF ITS TRANSPORT ACTIVITIES .
29 FROM THESE PROVISIONS IT IS APPARENT THAT, IN A SITUATION WHERE PUBLIC SERVICE OBLIGATIONS ARE MAINTAINED ONLY IN REGARD TO ONE PART OF THE OPERATION, THE REGULATION PROVIDES FOR A DISTRIBUTION OF THE " TOTAL COSTS " OF THE UNDERTAKING OVER THE VARIOUS TRANSPORT ACTIVITIES INVOLVED .
30 THE MERE PROSPECT FOR A TRANSPORT UNDERTAKING OF DISCONTINUING CERTAIN ACTIVITIES FOLLOWING TERMINATION OF PUBLIC SERVICE OBLIGATIONS IS INSUFFICIENT TO JUSTIFY ALLOCATING THE WHOLE OF THE " TOTAL COSTS " TO THE ACTIVITIES IT HAS BEEN COMPELLED TO MAINTAIN, AS THIS COULD TAKE PLACE ONLY WHERE THOSE ACTIVITIES ARE IN FACT DISCONTINUED .
31 APART, HOWEVER, FROM LAYING DOWN THE PRINCIPLE OF " APPORTIONMENT " IN THIS WAY OF THE TOTAL COSTS, THE REGULATION DOES NOT SPECIFY HOW THE GENERAL EXPENDITURE SHOULD BE ALLOCATED BETWEEN THE VARIOUS TRANSPORT ACTIVITIES .
32 CONSEQUENTLY, ANY METHOD OF ALLOCATION BASED ON THE CHARACTERISTICS AND VOLUME OF THE ACTIVITIES IN QUESTION, INCLUDING ALLOCATION ON A " LUMP SUM " BASIS, MUST BE REGARDED AS CONSISTENT WITH THE REGULATION .
Decision on costs
33 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .
34 AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE SECTION FOR ADMINISTRATIVE LITIGATION OF THE RAAD VAN STATE, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE SECTION FOR ADMINISTRATIVE LITIGATION OF THE RAAD VAN STATE BY ORDER OF 28 FEBRUARY 1973, HEREBY RULES :
1 . ARTICLE 2 ( 5 ) OF REGULATION NO 1191/69 MUST BE INTERPRETED AS