SIXTH ASSOCIATED COMPANY, WHICH CONCLUDED A CONTRACT OF CARRIAGE WITH ANOTHER IRISH COMPANY; THE LATTER THEN SUBCONTRACTED THE CONTRACT OF CARRIAGE TO AN ENGLISH COMPANY .
4 THE CONSIGNMENT OF 20 TONNES IN RESPECT OF WHICH THE SECURITY WAS DECLARED FORFEIT WAS IN A CONTAINER WHICH WAS STOLEN FROM THE ENGLISH COMPANY' S DEPOT AT UXBRIDGE . THE HIGH COURT STATES IN ITS JUDGMENT THAT THE THEFT AND THE CONSEQUENT NON-EXPORTATION OF THE MEAT WERE DUE TO A COMBINATION OF FRAUD AND NEGLIGENCE ON THE PART OF THE DIRECTORS OR EMPLOYEES OF THE ENGLISH COMPANY .
5 IN THE PROCEEDINGS BEFORE THE HIGH COURT, THE PLAINTIFFS CHALLENGED THE DEFENDANT' S DECISION, CLAIMING THAT THE CIRCUMSTANCES CONSTITUTED A CASE OF FORCE MAJEURE AND ALLEGING A BREACH OF THE PRINCIPLE OF PROPORTIONALITY . CONSIDERING THAT THE DISPUTE THUS RAISED PROBLEMS OF INTERPRETATION OF COMMUNITY LAW, THE HIGH COURT STAYED THE PROCEEDINGS AND SUBMITTED THE FOLLOWING QUESTIONS TO THE COURT :
"( 1 ) ( A ) IS ARTICLE 16 ( 3 ) OF REGULATION NO 2173/79 TO BE INTERPRETED SO AS TO INCLUDE THE EXCEPTION IN CASES OF FORCE MAJEURE CONTAINED IN ARTICLE 16 ( 2 ) SO THAT AN INTERVENTION AGENCY IS REQUIRED, IN CASES WHERE A FAILURE TO COMPLY WITH A CONTRACTUAL OBLIGATION AROSE AS A RESULT OF A FORCE MAJEURE, NOT TO FORFEIT ANY PART OF THE SECURITY THEREIN REFERRED TO?
( B ) ALTERNATIVELY, DO THE GENERAL PRINCIPLES OF COMMUNITY LAW REQUIRE AN INTERVENTION AGENCY TO INTERPRET ARTICLE 16 ( 3 ) AS MEANING THAT WHERE A FAILURE TO COMPLY WITH A CONTRACTUAL OBLIGATION AROSE FROM FORCE MAJEURE IT SHOULD NOT FORFEIT ANY PART OF THE SECURITY REFERRED TO THEREIN?
( 2 ) IF THE ANSWER TO EITHER PART OF QUESTION ( 1 ) IS IN THE AFFIRMATIVE DOES A CASE OF FORCE MAJEURE ARISE WHERE A FAILURE TO EXPORT A PRODUCT RESULTS FROM : ( I ) THE FRAUD, OR ( II ) THE NEGLIGENCE OR ( III ) A COMBINATION OF FRAUD AND NEGLIGENCE OF AN INDEPENDENT TRANSPORT CONTRACTOR EMPLOYED BY THE EXPORTER TO TRANSPORT THE PRODUCT OUT OF THE COMMUNITY?
( 3 ) ( A ) WHEN EXERCISING ITS DISCRETION TO FORFEIT A SECURITY IN WHOLE OR IN PART OR NOT AT ALL GIVEN BY ARTICLE 16 ( 3 ) OF THE SAID REGULATION IS THE INTERVENTION AGENCY OBLIGED TO TAKE INTO ACCOUNT THE PRINCIPLE OF PROPORTIONALITY AS DEVELOPED IN THE JURISPRUDENCE OF THE COURT OF JUSTICE?
( B ) IF THE ANSWER TO ( A ) IS IN THE AFFIRMATIVE WHERE AN OBLIGATION TO EXPORT A QUANTITY OF BEEF PURCHASED FROM AN INTERVENTION AGENCY IS SUPPORTED BY THE SECURITY REFERRED TO IN THE SAID REGULATION, IS THE PRINCIPLE OF PROPORTIONALITY PROPERLY APPLIED WHEN THE INTERVENTION AGENCY FIXES THE AMOUNT OF THE SECURITY TO BE FORFEITED BY REFERENCE TO THE TONNAGE WHICH THE EXPORTER HAD FAILED TO EXPORT?
( C ) IF THE ANSWER TO ( A ) AND ( B ) IS IN THE