FOUND IN THE GENERAL PRINCIPLES OF COMMUNITY LAW; THIS LEAVES INTACT THE REPLY GIVEN TO THE FIRST QUESTION .
III - THE FOURTH QUESTION
12 FINALLY THE NATIONAL COURT ASKS WHETHER, WHEN A PROCEDURE HAS BEEN INITIATED BY THE COMMISSION AGAINST AN AGREEMENT, IT WOULD BE COMPATIBLE WITH ARTICLE 7 OF THE EEC TREATY FOR THE NATIONAL AUTHORITY TO TAKE PUNITIVE ACTION IN RESPECT OF THE SAME AGREEMENT . THIS QUESTION ENVISAGES IN PARTICULAR CASES IN WHICH THE AUTHORITIES OF A STATE WHICH HAVE JURISDICTION IN CARTEL MATTERS ADDRESS THEIR MEASURES EXCLUSIVELY TO THE NATIONALS OF THAT STATE, THEREBY POSSIBLY PLACING THE LATTER AT A DISADVANTAGE IN COMPARISON WITH THE NATIONALS OF OTHER MEMBER STATES WHO ARE IN A COMPARABLE SITUATION .
13 ARTICLE 7 OF THE EEC TREATY PROHIBITS EVERY MEMBER STATE FROM APPLYING ITS LAW ON CARTELS DIFFERENTLY ON THE GROUND OF THE NATIONALITY OF THE PARTIES CONCERNED . HOWEVER, ARTICLE 7 IS NOT CONCERNED WITH ANY DISPARITIES IN TREATMENT OR THE DISTORTIONS WHICH MAY RESULT, FOR THE PERSONS AND UNDERTAKINGS SUBJECT TO THE JURISDICTION OF THE COMMUNITY, FROM DIVERGENCES EXISTING BETWEEN THE LAWS OF THE VARIOUS MEMBER STATES, SO LONG AS THE LATTER AFFECT ALL PERSONS SUBJECT TO THEM, IN ACCORDANCE WITH OBJECTIVE CRITERIA AND WITHOUT REGARD TO THEIR NATIONALITY .
Decision on costs
14 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES AND BY THE GOVERNMENTS, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE KAMMERGERICHT, BERLIN, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE KAMMERGERICHT, BERLIN, BY AN ORDER OF THAT COURT OF 18 JULY 1968, HEREBY RULES :
1 . SO LONG AS A REGULATION ADOPTED PURSUANT TO ARTICLE 87(2)(E ) OF THE TREATY HAS NOT PROVIDED OTHERWISE, NATIONAL AUTHORITIES MAY TAKE ACTION AGAINST AN AGREEMENT IN ACCORDANCE WITH THEIR NATIONAL LAW EVEN WHEN AN EXAMINATION OF THE POSITION WITH REGARD TO THAT AGREEMENT FROM THE POINT OF VIEW OF ITS COMPATIBILITY WITH COMMUNITY LAW IS PENDING BEFORE THE COMMISSION, SUBJECT HOWEVER TO THE CONDITION THAT THE APPLICATION OF NATIONAL LAW MUST NOT PREJUDICE THE FULL AND UNIFORM APPLICATION OF COMMUNITY LAW OR THE EFFECTS OF MEASURES TAKEN OR TO BE TAKEN TO IMPLEMENT IT;
2 . ARTICLE 7 OF THE EEC TREATY PROHIBITS MEMBER STATES FROM APPLYING THEIR LAWS ON CARTELS DIFFERENTLY ON THE GROUND OF THE NATIONALITY OF THE PARTIES CONCERNED, BUT IT IS NOT CONCERNED WITH DISPARITIES IN TREATMENT RESULTING FROM DIVERGENCES EXISTING BETWEEN THE LAWS OF MEMBER STATES, SO LONG AS THESE AFFECT ALL PERSONS SUBJECT TO THEM IN ACCORDANCE WITH OBJECTIVE CRITERIA AND WITHOUT REGARD TO NATIONALITY .