DEMAND ARE STILL PENDING?
( 5 ) ( A ) DO THE LEGAL CONSEQUENCES OF THE FORFEITURE OF SECURITY ENSUE ONLY IF THE SECURITY HAS BEEN DECLARED FORFEIT BY DECISION OF AN AUTHORITY, OR
( B ) DO THE LEGAL CONSEQUENCES OF THE FORFEITURE OF THE SECURITY ENSUE IMMEDIATELY UPON FULFILMENT OF THE CONDITIONS GOVERNING FORFEITURE UNDER THE RELEVANT LEGISLATION WITHOUT ITS BEING NECESSARY FOR AN AUTHORITY TO DECIDE THAT THE SECURITY IS FORFEIT?
SHOULD QUESTION 4 ( B ) BE ANSWERED IN THE AFFIRMATIVE :
( 6 ) IS THERE A RULE OF COMMUNITY LAW DETERMINING THE LEGAL CONSEQUENCES WHICH FOLLOW IF THE DEMAND PURSUANT TO WHICH SECURITY THAT HAS ALREADY BECOME FORFEIT WAS LODGED IS SUBSEQUENTLY ANNULLED AS BEING UNLAWFUL?"
7 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS OF THE CASE, THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
QUESTION 1
8 ALTHOUGH THE JUDGMENT OF 13 MAY 1981 DECLARED REGULATION NO 563/76 TO BE INVALID, IT DID NOT STATE WHETHER OR NOT DEMANDS FOR THE PROVISION OF SECURITY MADE ON THE BASIS OF THE REGULATION MAY BE ANNULLED .
9 THERE IS NO GENERAL PRINCIPLE OF COMMUNITY LAW TO THE EFFECT THAT A DEMAND FOR THE PROVISION OF SECURITY MADE BY A NATIONAL AUTHORITY ON THE BASIS OF A COMMUNITY REGULATION SUBSEQUENTLY DECLARED INVALID WHICH IS CHALLENGED IN GOOD TIME IN ACCORDANCE WITH NATIONAL LAW MAY NOT BE ANNULLED .
10 NOR IS ANY SUCH RULE IS TO BE INFERRED EITHER FROM REGULATION NO 563/76, WHICH WAS DECLARED INVALID, OR COMMISSION REGULATION NO 677/76 OF 26 MARCH 1976 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF COMPULSORY PURCHASE OF SKIMMED-MILK POWDER PROVIDED FOR IN COUNCIL REGULATION NO 563/76 ( OFFICIAL JOURNAL 1976, L 81, P . 23 ), WHICH SET OUT THE CONDITIONS GOVERNING THE RELEASE OR FORFEITURE OF SECURITY .
11 THE ANSWER TO THE FIRST QUESTION MUST THEREFORE BE THAT THERE IS NO RULE OF COMMUNITY LAW TO THE EFFECT THAT A DEMAND FOR THE PROVISION OF SECURITY MADE PURSUANT TO REGULATION NO 563/76 AND CHALLENGED IN ACCORDANCE WITH NATIONAL LAW MAY NOT BE ANNULLED .
QUESTION 2
12 THE SECOND QUESTION SEEKS IN SUBSTANCE TO DETERMINE WHETHER, ON THE ANNULMENT OF A DEMAND FOR THE PROVISION OF SECURITY MADE ON THE BASIS OF REGULATION NO 563/76, THE SUM LODGED AS SECURITY MAY NEVERTHELESS UNDER COMMUNITY LAW NOT BE REFUNDED .
13 AS THE COURT HELD IN THE AFOREMENTIONED JUDGMENT OF 13 MAY 1981, IN SO FAR AS COMMUNITY LAW DOES NOT PROVIDE OTHERWISE, DISPUTES RELATING TO THE REFUND OF AMOUNTS COLLECTED ON BEHALF OF THE COMMUNITY FALL WITHIN THE JURISDICTION OF NATIONAL COURTS AND SHOULD BE SETTLED BY THOSE COURTS BY APPLYING THEIR OWN NATIONAL LAW, BOTH PROCEDURAL AND SUBSTANTIVE .
14 IT MUST THEREFORE BE DETERMINED WHETHER REGULATION