READ-ONLY MEMORIES ( EPROMS ) DESCRIBED THEREIN DEPENDENT ON THEIR HAVING EXTERIOR DIMENSIONS NOT EXCEEDING 14.2 X 33.3 MM?
( 2)IF SO WHAT ARE THE LEGAL CONSEQUENCES OF THAT INFRINGEMENT?
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8 IN THE COURSE OF THE PROCEEDINGS BEFORE THE COURT , THE COUNCIL AND THE COMMISSION DREW ATTENTION TO THE FACT THAT ARTICLE 28 OF THE TREATY , WHICH CONCERNS THE AUTONOMOUS ALTERATION OR SUSPENSION OF COMMON CUSTOMS TARIFF DUTIES , IS ONE OF THE RARE PROVISIONS OF THE TREATY UNDER WHICH THE COUNCIL MAY ADOPT A DECISION WITHOUT A PROPOSAL FROM THE COMMISSION . IN PRACTICE THE COMMISSION OFTEN PRESENTS DRAFT REGULATIONS WHICH ARE INTENDED TO PROVIDE A BASIS FOR A MEASURE TO BE ADOPTED BY THE COUNCIL . HOWEVER , REGULATION NO 2841/79 WAS ADOPTED NOT ON THE BASIS OF A DRAFT SUBMITTED BY THE COMMISSION , BUT AT THE INSTIGATION OF A MEMBER STATE , THE FEDERAL REPUBLIC OF GERMANY . REGULATION NO 1136/80 , WHICH IS ALSO REFERRED TO IN THE ORDER FOR REFERENCE , WAS THE RESULT OF A REQUEST FROM THE FRENCH REPUBLIC .
9 THE TWO INSTITUTIONS THEN STATED THAT NORMALLY CUSTOMS DUTIES ARE SUSPENDED IN RESPECT OF MORE THAN ONE THOUSAND GOODS PER YEAR . IN 1984 THE COUNCIL SUSPENDED DUTY IN RESPECT OF 922 PRODUCTS OR CATEGORIES OF PRODUCTS .
10 THE COUNCIL ARGUES THAT SUSPENSIONS OF CUSTOMS DUTIES ARE DECISIONS OF ECONOMIC POLICY TAKEN BY THE COUNCIL AND THAT IT MUST HAVE A WIDE DISCRETION IN THAT RESPECT . SINCE THE SUSPENSIONS ARE DEROGATIONS FROM THE COMMON CUSTOMS TARIFF THEY MUST BE DEFINED PRECISELY . IT IS THEREFORE INEVITABLE THAT PROBLEMS OF DELIMITATION ARISE FROM TIME TO TIME .
11 THE COMMISSION ADDS THAT ANY SUSPENSION OF DUTY WHICH DOES NOT CORRESPOND TO A HEADING OR A SUBHEADING OF THE COMMON CUSTOMS TARIFF ENTAILS AN ELEMENT OF TARIFF CLASSIFICATION . BY VIRTUE OF THE TREATY , ONLY THE COUNCIL IS EMPOWERED TO LAY DOWN THE DEFINITIONS NECESSARY FOR THAT PURPOSE . A NATIONAL COURT MAY NOT DRAW UP ITS OWN CUSTOMS NOMENCLATURE OR DETERMINE THE CATEGORIES OF GOODS CAPABLE OF QUALIFYING FOR AN ALTERATION OR SUSPENSION OF CUSTOMS DUTY .
12 IT MUST BE NOTED IN THE FIRST PLACE THAT ARTICLE 28 OF THE TREATY EMPOWERS THE COUNCIL TO DECIDE A TEMPORARY , PARTIAL OR TOTAL SUSPENSION OF COMMON CUSTOMS TARIFF DUTIES AND DOES NOT REQUIRE THAT THE COMMISSION PRESENT A PROPOSAL TO THAT EFFECT NOR THAT THE EUROPEAN PARLIAMENT OR THE ECONOMIC AND SOCIAL COMMITTEE BE CONSULTED . THE COUNCIL HAS NOT , ON ITS OWN INITIATIVE OR ON THAT OF THE COMMISSION , ESTABLISHED A PROCEDURE FOR CONSIDERING THE SUGGESTIONS AND PROPOSALS WHICH ARE SUBMITTED TO IT . CONSEQUENTLY , IT IS NECESSARY TO CONSIDER THE PROCEDURE FOLLOWED IN THIS PARTICULAR CASE .
13 AS REGARDS REGULATION NO 2841/79 , IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THE COUNCIL ACTED AT THE INSTIGATION OF THE GERMAN GOVERNMENT , THAT THAT GOVERNMENT HAD RECEIVED A REQUEST