1 IN AN APPLICATION LODGED ON 13 MAY 1975 THE APPLICANT UNDERTAKING CLAIMS COMPENSATION FOR THE DAMAGE WHICH IT ALLEGEDLY SUFFERED AS A RESULT OF THE APPLICATION BY THE ITALIAN CUSTOMS AUTHORITIES OF REGULATION NO 1463/73 OF THE COMMISSION OF 30 MAY 1973 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF ' MONETARY ' COMPENSATORY AMOUNTS ( OJ 1973 , L 146 , P . 1 ); THE APPLICANT ASSERTS THAT ARTICLE 5 , WHICH WAS APPLIED IN THIS INSTANCE , IS VOID ON THE GROUND OF ILLEGALITY IN THAT IT UNDULY REDUCED THE COMPENSATORY AMOUNTS ON IMPORTS .
2 IT IS CLAIMED THAT AS A RESULT OF THE APPLICATION OF THIS PROVISION THE APPLICANT WAS WRONGLY REQUIRED TO PAY CERTAIN SUMS BY WAY OF EQUALIZATION BETWEEN THE IMPORT CHARGE AND THE MONETARY COMPENSATORY AMOUNTS ; IT IS THE REPAYMENT OF THESE SUMS WHICH IS SOUGHT IN THIS ACTION .
3 THE ACTION IN FACT CONCERNS DECISIONS OF THE ITALIAN AUTHORITIES ADOPTED IN IMPLEMENTATION OF COMMUNITY RULES WHICH THE APPLICANT REGARDS AS UNLAWFUL . IT THUS CONCERNS THE LEGALITY OF THE IMPOSITION OF THE SUMS IN DISPUTE BY THE NATIONAL AUTHORITIES RESPONSIBLE FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE PROVISIONS CONCERNING MONETARY COMPENSATORY AMOUNTS AND SEEKS THE REIMBURSEMENT , BY THE COMMUNITY RATHER THAN BY THE NATIONAL AUTHORITIES , OF THE SUMS WHICH ARE SAID TO HAVE BEEN IMPROPERLY CHARGED .
4 THE PROVISIONS OF THESE RULES LAY DOWN CRITERIA FOR THE CALCULATION OF SUMS PAYABLE BY WAY OF EQUALIZATION BETWEEN THE IMPORT CHARGE AND THE COMPENSATORY AMOUNTS AND THEREFORE LEAVE NO DOUBT THAT THE ACTUAL ASSESSMENT AND IMPOSITION OF THE SUMS DUE ARE MATTERS FOR THE NATIONAL AUTHORITIES .
5 THE QUESTION OF THE LEGALITY OF SUCH IMPLEMENTING MEASURES ADOPTED IN PURSUANCE OF COMMUNITY LAW IS , THEREFORE , A MATTER FOR THE COMPETENT NATIONAL COURTS OR TRIBUNALS TO DECIDE , USING THE PROCEDURES LAID DOWN UNDER NATIONAL LAW AND AFTER APPLICATION , WHERE APPROPRIATE , OF ARTICLE 177 OF THE TREATY , IN PARTICULAR ON QUESTIONS CONCERNING THE VALIDITY OF THE COMMUNITY PROVISIONS APPLIED .
6 THE APPLICANT IS NOT THEREFORE ENTITLED TO REFER THE MATTER TO THE COURT OF JUSTICE BY THE EXPEDIENT OF AN ACTION DIRECTED AGAINST THE COMMUNITY FOR COMPENSATION FOR THE ALLEGED DAMAGE IN ORDER TO OBTAIN A MATERIAL REVISION OF THE SAID IMPLEMENTING MEASURES .
7 THE APPLICATION MUST THEREFORE BE DISMISSED AS INADMISSIBLE .