CONDITIONS LAID DOWN IN ARTICLE 6 HAVE BEEN FULFILLED . ' SUCH PROOF IS FURNISHED IN DIFFERENT WAYS DEPENDING ON THE CIRCUMSTANCES , ONE WAY BEING THE PRODUCTION OF THE T5 CONTROL COPY .
6 SINCE 1974 DE JONG HAS BOUGHT A NUMBER OF CONSIGNMENTS OF BUTTER UNDER THIS SCHEME . IT PROCESSED THE BUTTER INTO CONCENTRATED BUTTER AND THEN SUPPLIED IT TO SAHNE-HEINRICH KG IN THE FEDERAL REPUBLIC OF GERMANY SUBJECT TO THE OBLIGATION TO PROCESS IT INTO PASTRY PRODUCTS OR ICE-CREAM . THAT COMPANY SOLD THE CONCENTRATED BUTTER TO THE UNDERTAKING W . S . SCHEUNEMANN , WHICH RESOLD IT WITHOUT OBSERVING THE PROCESSING CONDITIONS .
7 UNTIL THE AUTUMN OF 1975 THE T5 CONTROL COPIES BEARING THE GERMAN AUTHORITIES ' ATTESTATION THAT THE BUTTER HAD BEEN PROCESSED IN ACCORDANCE WITH REGULATION NO 232/75 WERE NEVERTHELESS RETURNED IN DUE TIME FOR A NUMBER OF CONSIGNMENTS AND THE VIB RELEASED THE PROCESSING SECURITIES PROVIDED BY DE JONG IN RESPECT OF THOSE CONSIGNMENTS . ACCORDING TO THE FINDINGS OF THE NATIONAL COURTS , THE GERMAN AUTHORITIES HAD NEGLECTED TO EXERCISE PROPER SUPERVISION OVER THE SALE AND USE OF THE CONSIGNMENTS OF BUTTER IN QUESTION BEFORE ISSUING THE T5 CONTROL COPIES .
8 IN THE AUTUMN OF 1975 THE GERMAN AUTHORITIES STOPPED RETURNING THE T5 CONTROL COPIES FOR THE CONSIGNMENTS OF BUTTER WHICH DE JONG HAD SUPPLIED TO SAHNE-HEINRICH . THE VIB THEN REFUSED TO RELEASE THE SECURITIES RELATING TO THE CONSIGNMENTS FOR WHICH NO T5 CONTROL COPIES HAD BEEN PRODUCED AND SUED DE JONG AND DOMO-BEDUM FOR THE UNRELEASED SECURITIES , WHICH AMOUNTED TO HFL 2 561 714.13 FOR A TOTAL QUANTITY OF 611 661 KILOGRAMS OF BUTTER .
9 BEFORE THE NETHERLANDS COURTS DE JONG AND DOMO-BEDUM PLEADED FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 . DE JONG CLAIMED TO HAVE RELIED ON THE ATTESTATIONS OF THE GERMAN AUTHORITIES ON THE T5 CONTROL COPIES WHICH HAD PREVIOUSLY BEEN RETURNED . IT ARGUED THAT , IF THOSE AUTHORITIES HAD CARRIED OUT THE NECESSARY CONTROLS AND NOT ISSUED THE RELEVANT ATTESTATIONS , IT WOULD HAVE BECOME CLEAR SOONER THAT THE BUYERS HAD NOT OBSERVED THE PROCESSING CONDITIONS . DE JONG WOULD THEREFORE HAVE STOPPED SUPPLYING CONCENTRATED BUTTER TO SAHNE-HEINRICH AND THE SECURITIES PROVIDED FOR LATER SUPPLIES OF BUTTER WOULD NOT HAVE BEEN FORFEITED .
10 THAT ARGUMENT WAS REJECTED BOTH BY THE ARRONDISSEMENTSRECHTBANK AND , ON APPEAL , BY THE GERECHTSHOF , AMSTERDAM . BOTH COURTS ORDERED DE JONG AND DOMO-BEDUM TO PAY THE FORFEITED SECURITIES . ON AN APPEAL IN CASSATION THE HOGE RAAD OF THE NETHERLANDS REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
' IS A PERSON WHO BUYS BUTTER DIRECTLY FROM AN INTERVENTION AGENCY AND WHO HAS UNDERTAKEN TO COMPLY WITH THE CONDITIONS LAID DOWN IN ARTICLE 6 ( 1 ) ( C ) OF REGULATION NO 232/75 DISCHARGED FROM HIS OBLIGATIONS BY VIRTUE OF COMMUNITY LAW AND IN PARTICULAR BY VIRTUE OF GENERAL LEGAL