PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT,
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE COUR DE CASSATION OF THE FRENCH REPUBLIC BY THREE JUDGMENTS OF 9 OCTOBER 1985, HEREBY RULES :
( 1 ) THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE MAY NOT ADOPT PROVISIONS WHICH MAKE THE REPAYMENT OF CHARGES LEVIED CONTRARY TO COMMUNITY LAW CONDITIONAL UPON THE PRODUCTION OF PROOF THAT THOSE CHARGES HAVE NOT BEEN PASSED ON TO THE PURCHASERS OF THE PRODUCTS THAT WERE SUBJECT TO THE CHARGES AND PLACE THE BURDEN OF ADDUCING SUCH NEGATIVE PROOF ENTIRELY UPON THE NATURAL OR LEGAL PERSONS CLAIMING REPAYMENT .
( 2 ) THE ANSWER DOES NOT DEPEND ON WHETHER THE NATIONAL PROVISION HAS RETROACTIVE EFFECT, THE NATURE OF THE CHARGE AT ISSUE OR WHETHER THE MARKET IS FREE, REGULATED OR MONOPOLISTIC, EITHER WHOLLY OR IN PART .