OF THE WITHDRAWAL OF THE ZERO LEVY, SO THAT A DILIGENT IMPORTER, IT IS ALLEGED, COULD HAVE BEEN AWARE OF THE HAZARDOUS NATURE OF IMPORT TRANSACTIONS FOR THE MONTH OF JANUARY . FURTHERMORE SEVERAL IMPORTERS INQUIRED REPEATEDLY FROM THE COMPETENT GERMAN AUTHORITIES WHETHER THE ZERO LEVY WAS STILL IN FORCE, WHICH PROVES THAT THE IMPORTERS WERE AWARE OF THE ABNORMAL NATURE OF THE SITUATION .
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IT IS NOT POSSIBLE, HOWEVER, TO ARGUE FROM THE SAID REQUESTS FOR INFORMATION THAT A DILIGENT IMPORTER WAS OBLIGED TO KEEP HIMSELF INFORMED OF THE SITUATION AT ALL TIMES . IT APPEARS BOTH FROM THE WORDING OF ARTICLE 17 OF REGULATION NO 19 AND FROM THE ACCOUNT OF THE FUNCTIONING OF THE COMMON ORGANIZATION OF THE MARKETS PROVIDED BY THE DEFENDANT THAT THE LEVY ANNOUNCED AT THE BEGINNING OF THE DAY NORMALLY REMAINS APPLICABLE DURING THE WHOLE DAY . IN THESE CIRCUMSTANCES, THE REQUIREMENT OF THE PRODUCTION OF PROOF EITHER THAT THE IMPORTER PURCHASED THE MAIZE ON 1 OCTOBER 1963 BEFORE 2.15 P.M . OR THAT HE COULD NOT HAVE BEEN AWARE OF THE WITHDRAWAL OF THE ZERO LEVY, WHICH MOREOVER WAS ILLEGAL, IS EQUIVALENT TO A REVERSAL OF THE BURDEN OF PROOF . AS SUCH A REVERSAL IS NOT JUSTIFIED, THE DEFENDANT MUST BE ALLOWED TO PROVE, WHERE APPROPRIATE, THAT THE PURCHASES OF MAIZE WERE MADE WITH KNOWLEDGE OF THE SAID WITHDRAWAL, THE RIGHT TO PRODUCE EVIDENCE TO THE CONTRARY BEING RESERVED TO THE APPLICANTS .
AS TO THE SECOND CATEGORY MENTIONED ABOVE, AS CERTAIN APPLICANTS REPUDIATED SOME OF THE CONTRACTS OF PURCHASE CONCLUDED ON 1 OCTOBER 1963 IN ANTICIPATION OF THE ISSUE OF THE IMPORT LICENCES APPLIED FOR, THEY ALLEGE THAT THEY HAVE SUFFERED INJURY BECAUSE OF BOTH THE EXPENSE WHICH THEY HAVE HAD TO BEAR IN REPUDIATING THE SAID CONTRACTS AS WELL AS THE LOSS OF PROFIT WHICH THEY HAVE SUFFERED IN RESPECT OF THE QUANTITIES OF MAIZE PURCHASED BUT NOT IMPORTED IN CONSEQUENCE OF THE PROTECTIVE MEASURE .
THE PENALTIES PAID FOR THE REPUDIATION OF THE CONCLUDED CONTRACTS OF PURCHASE ARE THE DIRECT CONSEQUENCE, ON THE ONE HAND, OF THE CONFIDENCE OF THE APPLICANTS CONCERNED IN THE PROPER APPLICATION OF REGULATION NO 19 AND, ON THE OTHER HAND, OF THE UNFORESEEN FACTOR CONSTITUTED BY THE PROTECTIVE MEASURE WHICH WAS RETAINED BY THE DECISION OF THE COMMISSION OF 3 OCTOBER 1963 . IN PURCHASING THE QUANTITIES OF MAIZE IN QUESTION ON 1 OCTOBER 1963, THE APPLICANTS CONCERNED LEGITIMATELY RELIED UPON THE SYSTEM OF LEVIES IN FORCE IN ORDER TO ENTER INTO CONTRACTUAL OBLIGATIONS IN RESPECT OF IMPORTS INTO THE FEDERAL REPUBLIC . THEY THUS HAVE THE RIGHT TO BE REIMBURSED FOR THE WHOLE OF THE INJURY SUFFERED THROUGH PAYMENT OF PENALTIES, UNLESS THE AMOUNT OF SUCH PENALTIES WAS HIGHER THAN NECESSARY .
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THE APPLICANTS IN CASES 5/66, 13/66, 15/66 AND 21/66 MUST THUS BE ALLOWED TO SHOW THAT THE REPUDIATED CONTRACTS OF PURCHASE WERE MADE ON 1 OCTOBER 1963, THE RIGHT TO PRODUCE EVIDENCE THAT THEY ACTED IN KNOWLEDGE OF