TRUE OF TRADERS WHO HAVE IMPORTED BEEF AND VEAL FROM MEMBER STATES .
30 THE AIM OF THE NEW GERMAN SYSTEM IS TO INCREASE THE NUMBER OF PERSONS HAVING A SHARE IN THE QUOTA AND TO PREVENT THE FINANCIAL ADVANTAGE FROM BEING CONCENTRATED IN THE HANDS OF FIRMS WHICH IMPORT BEEF AND VEAL FROM NON-MEMBER COUNTRIES . THAT AIM DOES NOT CONFLICT WITH REGULATION NO 2956/79 OR WITH OTHER PROVISIONS OF COMMUNITY LAW . IN FACT , A WIDER DISTRIBUTION OF THE ADVANTAGES GAINED FROM HAVING A SHARE IN THE QUOTA WILL TEND TO FOSTER EQUAL CONDITIONS OF COMPETITION RATHER THAN DISTORT COMPETITION WITHIN OR OUTSIDE THE COMMON MARKET .
31 THE REPLY TO THE FOURTH QUESTION SHOULD ACCORDINGLY BE THAT IT IS NOT CONTRARY TO COUNCIL REGULATION NO 2956/79 FOR A MEMBER STATE TO TAKE ACCOUNT OF IMPORTS AND EXPORTS OF BEEF AND VEAL IN OTHER MEMBER STATES AND EXPORTS OF BEEF AND VEAL TO NON-MEMBER COUNTRIES WHEN ALLOCATING ITS SHARE OF THE COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL .
Decision on costs
COSTS
32 THE COSTS INCURRED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THE PROCEEDINGS ARE , AS FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE HESSISCHER VERWALTUNGSGERICHTSHOF BY ORDERS OF 25 JUNE 1981 , HEREBY RULES :
1 . ARTICLE 3 ( 1 ) OF COUNCIL REGULATION NO 2956/79 OF 20 DECEMBER 1979 MUST BE INTERPRETED AS MEANING THAT A SYSTEM OF ADMINISTERING A NATIONAL SHARE OF THE COMMUNITY TARIFF QUOTA FOR FROZEN BEEF AND VEAL WHICH IS BASED ON A NUMBER OF CRITERIA IN ORDER TO DEFINE THE DIFFERENT CATEGORIES OF PERSONS CONCERNED DOES NOT END EQUAL TREATMENT OF THOSE PERSONS IF THE SYSTEM IS APPLIED BY THE STATES CONCERNED ' ' TO ALL PERSONS ESTABLISHED WITHIN THEIR TERRITORIES ' ' .
2.IT IS NOT CONTRARY TO ARTICLE 7 ( 1 ) OF REGULATION NO 805/68 OF THE COUNCIL OF 27 JUNE 1968 FOR A MEMBER STATE TO TAKE ACCOUNT , TO A LIMITED EXTENT , OF PURCHASES OF BEEF AND VEAL HELD BY INTERVENTION AGENCIES AS A CRITERION FOR ALLOCATING ITS SHARE OF THE COMMUNITY TARIFF QUOTA . HOWEVER , IT IS NOT PROPER TO TAKE ACCOUNT SOLELY OF PURCHASES FROM A PARTICULAR INTERVENTION AGENCY .
3.MEASURES ADOPTED BY A MEMBER STATE WHICH DO NO MORE THAN MERELY ALLOCATE A COMMUNITY TARIFF QUOTA DO NOT CONSTITUTE AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES WITHIN THE MEANING OF ARTICLES 92 TO 94 OF THE EEC TREATY .
4.IT IS NOT CONTRARY TO COUNCIL REGULATION NO 2956/79 FOR A