INFERIOR QUALITY ) AND NOT 2 ( WHICH IS THE STANDARD QUALITY ) ON THE SOLE GROUND THAT THE COLOURING OF THE SOLUTION EXCEEDED BY 0.7 OF A POINT THE MARGIN OF 6 POINTS, WHICH WAS THE MAXIMUM LIMIT FOR THE STANDARD QUALITY, ALTHOUGH ALL THE OTHER CRITERIA FOR THAT QUALITY WERE SATISFIED .
4 THE MAIN PROCEEDINGS CONCERN THE OBEA' S OBLIGATION IN THE CIRCUMSTANCES TO PAY THE PRICE ORIGINALLY AGREED AND TO RELEASE THE SECURITY LODGED BY THE SUCCESSFUL TENDERER .
5 IN ORDER TO RESOLVE THE MATTER THE TRIBUNAL DE PREMIERE INSTANCE, BRUSSELS, REQUESTED THE COURT TO GIVE A PRELIMINARY RULING ON THE FOLLOWING QUESTIONS :
"1 . MUST ARTICLE 9 ( 4 ) AND ( 5 ), THE THIRD SUBPARAGRAPH OF ARTICLE 10 ( 1 ) AND ARTICLES 15 ( 2 ) AND ( 3 ) BE INTERPRETED AS MEANING THAT THE QUALITY CONTROL NECESSARY TO ESTABLISH THAT THE SUGAR WAS OF QUALITY 2 HAD TO BE CARRIED OUT ( I ) BEFORE IT WAS LOADED, ( II ) BEFORE THE DEADLINE FOR ITS DELIVERY, ( III ) BEFORE THE DELIVERY OF THE DOCUMENTS DRAWN UP BY UNRWA OR ( IV ) BEFORE UNRWA DISTRIBUTED THE SUGAR AND THAT ONCE ONE OF THOSE EVENTS HAD OCCURRED THE DEFENDANT WAS NO LONGER ENTITLED TO CHECK THE QUALITY OF THE SUGAR OR DISPUTE THAT IT WAS OF STANDARD QUALITY?
2 . MUST ARTICLE 10 BE INTERPRETED AS MEANING THAT WHEN THE DOCUMENTS REFERRED TO IN THAT ARTICLE HAVE BEEN DRAWN UP BY UNRWA AND UNRWA HAS TAKEN POSSESSION OF THE GOODS THE DEFENDANT MUST PAY THE PRICE ORIGINALLY AGREED AND NOT ONLY A PRICE CORRESPONDING TO SUGAR OF A QUALITY INFERIOR TO THE AGREED STANDARD QUALITY? DOES THE FACT THAT UNRWA ISSUED THE CERTIFICATE OF RECEIPT ON 13 AUGUST 1982 WITHOUT ANY RESERVATION AS TO THE STANDARD QUALITY OF THE SUGAR MEAN THAT THE DEFENDANT MUST PAY THE PRICE ORIGINALLY AGREED?
3 . MUST ARTICLE 7 ( 3 ) BE INTERPRETED AS MEANING THAT ALL OR PART OF THE SECURITY FOR TENDER MUST BE RETAINED BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND IF THE SUGAR IS OF QUALITY 3 AND NOT OF QUALITY 2 EVEN THOUGH THE RECIPIENT HAS ACTUALLY TAKEN POSSESSION OF THE SUGAR DELIVERED WHICH WAS INFERIOR IN QUALITY TO THAT AGREED?
4 . HAVING REGARD TO THE NATURE OF THE PLAINTIFF' S DEFAULT, IS THE LOSS OF THE SECURITY COMPATIBLE WITH THE GENERAL PRINCIPLE OF PROPORTIONALITY?"
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE COMMUNITY PROVISIONS AT ISSUE, THE FACTS OF THE CASE AND THE OBSERVATIONS MADE TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
FIRST QUESTION
7 THE FIRST QUESTION ASKS WHEN THE QUALITY OF THE SUGAR MUST BE CHECKED AND WHETHER ACCORDING TO THE REGULATION AT ISSUE IT MAY, WHERE APPROPRIATE, BE CHECKED SUBSEQUENTLY .
8 ARTICLE 9 (