Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER HELD IN PUBLIC STORAGE - SALE AT A REDUCED PRICE TO PROCESSING UNDERTAKINGS - DATE ON WHICH THE SUCCESSFUL TENDERER TAKES OVER THE BUTTER - CONCEPT - PROOF OF TAKING OVER - RULES

( REGULATION NO 232/75 OF THE COMMISSION , ART . 6 ( 1 ) ( D ) AND ART . 18 ( 2 ) ( D ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER HELD IN PUBLIC STORAGE - SALE AT A REDUCED PRICE TO PROCESSING UNDERTAKINGS - RULES ON SECURITY - FORCE MAJEURE - CONCEPT - RESALE OF THE BUTTER BY THE SUCCESSFUL TENDERER - EXTENSION OF THE PROCESSING PERIOD GRANTED TO THE BUYER BY AN AUTHORITY WITH NO POWER TO GRANT EXTENSIONS - NOT POSSIBLE FOR THE SUCCESSFUL TENDERER TO PLEAD FORCE MAJEURE

( REGULATION NO 232/75 OF THE COMMISSION , ART . 18 AND ART . 19 ( 1 ))

3 . COMMUNITY LAW - PRINCIPLES - PROPORTIONALITY - WHETHER A MEASURE IS PROPORTIONATE TO ITS AIM - CRITERIA OF ASSESSMENT

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - BUTTER HELD IN PUBLIC STORAGE - SALE AT A REDUCED PRICE TO PROCESSING UNDERTAKINGS - RULES ON SECURITY - PROCESSING PERIOD - EXTENSION - CONDITIONS - SUBMISSION OF AN APPLICATION WITHIN 30 DAYS - PRINCIPLE OF PROPORTIONALITY - BREACH - NONE

( REGULATION NO 232/75 OF THE COMMISSION , SECOND SUBPARAGRAPH OF ARTICLE 19 ( 2 ))

Summary

1 . THE DATE ON WHICH THE BUTTER SOLD AT A REDUCED PRICE IS TAKEN OVER , FROM WHICH THE SIX-MONTH PERIOD PROVIDED FOR IN ARTICLE 6 OF REGULATION NO 232/75 STARTS TO RUN , IS THE DATE ON WHICH THE BUTTER IS ACTUALLY REMOVED BY THE SUCCESSFUL TENDERER . FOR THE PURPOSES OF ARTICLE 18 ( 2 ) ( D ) OF REGULATION NO 232/75 , THAT DATE IS THE DATE INDICATED IN THE T5 DOCUMENT OR , FAILING ANY SUCH INDICATION OR IN THE EVENT OF DOUBT , THAT WHICH APPEARS IN OTHER DOCUMENTS CONTAINED IN THE FILE ON EACH CASE .

2 . FORCE MAJEURE , WITHIN THE MEANING OF ARTICLES 18 AND 19 ( 1 ) OF REGULATION NO 232/75 , MUST BE UNDERSTOOD AS MEANING ABSOLUTE IMPOSSIBILITY CAUSED BY ABNORMAL CIRCUMSTANCES BEYOND THE CONTROL OF THE PURCHASER OF THE BUTTER , THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED WITHOUT UNREASONABLE SACRIFICE , DESPITE THE EXERCISE OF ALL DUE CARE .

THE FACT THAT A SUBSEQUENT BUYER RELIED ON THE CUSTOMS OFFICER WHO WAS RESPONSIBLE FOR CHECKING ON THE FINAL PROCESSING OF THE BUTTER AND FOR ENTERING THE FINAL DATE OF USE ON THE T5 EXPORT FORM AND WHO HAD GRANTED THAT BUYER AN EXTENSION OF THE PERIOD PERMITTED FOR PROCESSING DOES NOT CONSTITUTE A CASE OF FORCE MAJEURE , WITHIN THE MEANING OF THOSE ARTICLES .

3 . IN ORDER TO ASCERTAIN WHETHER A PROVISION OF COMMUNITY LAW IS CONSISTENT WITH THE PRINCIPLE OF PROPORTIONALITY IT MUST FIRST BE DETERMINED WHETHER THE MEANS APPLIED TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THAT AIM AND , SECONDLY , WHETHER THEY ARE NECESSARY IN ORDER TO ACHIEVE IT .

4 . THE SECOND SUBPARAGRAPH OF ARTICLE 19 ( 2 ) OF REGULATION NO 232/85 DOES NOT INFRINGE THE PRINCIPLE OF PROPORTIONALITY BY REQUIRING THAT , IN THE EVENT THAT THE SIX MONTH PERIOD LAID DOWN BY THAT REGULATION FOR THE PROCESSING OF THE BUTTER SOLD AT A REDUCED PRICE IS EXCEEDED , THE APPLICATION FOR AN EXTENSION OF THAT PERIOD MUST BE SUBMITTED WITHIN 30 DAYS FROM THE DATE OF EXPIRY OF THE FIRST PERIOD . THAT REQUIREMENT IS NOT EXCESSIVE IN RELATION TO THE AIM OF ENSURING THE PROPER FUNCTIONING OF THE SCHEME ESTABLISHED BY REGULATION NO 232/75 FOR THE PURPOSE OF WHICH IT WAS LAID DOWN .