GOODS AT ISSUE, AND THE GERMAN CUSTOMS AUTHORITIES THEREFORE DECLARED FORFEIT PART OF THE SECURITY LODGED IN ORDER TO OBTAIN THE ADVANCE PAYMENT, IN ACCORDANCE WITH THE FIRST INDENT OF THE SECOND PARAGRAPH OF ARTICLE 6 OF REGULATION NO 565/80 .
5 THE DEFENDANT THEN WITHDREW, IN PROPORTION TO THE QUANTITIES NOT EXPORTED, ITS DECISIONS RELEASING THE SECURITY LODGED IN RESPECT OF THE EXPORT LICENCES AND DEMANDED REPAYMENT OF A TOTAL AMOUNT OF DM*40*370.46, UNDER ARTICLE 42*(3 ) IN CONJUNCTION WITH
ARTICLE 38*(1)*(C ) OF REGULATION NO 3183/80 . ONLY THESE DECISIONS REVOKING THE EARLIER DECISIONS ARE CONTESTED IN THE MAIN PROCEEDINGS .
6 IN THE STATEMENT OF THE GROUNDS FOR ITS ORDER, THE NATIONAL COURT, WHICH TAKES THE VIEW THAT ON THE EXPIRY OF THE TIME-LIMIT LAID DOWN FOR EXPORTATION THE SECURITY CEASES TO BE A GUARANTEE AND BECOMES A PENAL SANCTION, RAISES THE QUESTION WHETHER THE RULE LAID DOWN IN THE SECOND INDENT OF ARTICLE 38*(1)*(C ) OF REGULATION NO 3183/80 IS IN CONFORMITY WITH CERTAIN GENERAL PRINCIPLES OF LAW, NAMELY THE PRINCIPLES IN DUBIO PRO REO AND NULLA POENA SINE CULPA AND THE PRINCIPLE OF PROPORTIONALITY .
7 THE NATIONAL COURT THEREFORE STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTION TO THE COURT OF JUSTICE :
"DOES THE SECOND INDENT OF ARTICLE 38*(1)*(C ) OF COMMISSION REGULATION ( EEC ) NO 3183/80 OF 3 DECEMBER 1980 INFRINGE SUPERIOR RULES OF COMMUNITY LAW INASMUCH AS IT IS TO BE REGARDED AS A MEASURE IMPOSING A SANCTION?"
8 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE LEGAL CONTEXT OF THE DISPUTE, THE FACTS OF THE CASE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE LEGAL NATURE OF THE SECURITY
9 THE SECOND INDENT OF ARTICLE 38*(1)*(C ) OF REGULATION NO 3183/80 REQUIRES THE PROVISION OF FRESH SECURITY TO REPLACE THAT LODGED IN ORDER TO GUARANTEE COMPLIANCE WITH THE OBLIGATION IMPOSED ON THE TITULAR HOLDER OF AN EXPORT LICENCE BY ARTICLE
8*(1 ) OF THE REGULATION TO EXPORT PRODUCTS WITHIN THE PERIOD OF VALIDITY OF THE LICENCE .
10 WITH REGARD TO THE LEGAL NATURE OF THAT SECURITY, THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 17 DECEMBER 1970 IN CASE 11/70 INTERNATIONALE HANDELSGESELLSCHAFT V EINFUHR - UND VORRATSSTELLE GETREIDE (( 1970 )) ECR 1125 THAT THE SYSTEM OF SECURITY CONSTITUTES MACHINERY ADAPTED TO THE VOLUNTARY NATURE OF REQUESTS FOR LICENCES AND, BECAUSE OF ITS SIMPLICITY AND EFFICACY, IS A METHOD WHICH IS BOTH NECESSARY AND APPROPRIATE TO ENABLE THE COMPETENT AUTHORITIES TO DETERMINE IN THE MOST EFFECTIVE MANNER THEIR INTERVENTIONS ON THE MARKET . AFTER POINTING OUT THAT A SYSTEM OF FINES IMPOSED A POSTERIORI WOULD INVOLVE CONSIDERABLE ADMINISTRATIVE AND LEGAL COMPLICATIONS AT THE STAGE OF DECISION AND OF EXECUTION, THE COURT DECIDED THAT FORFEITURE OF THE SECURITY IN THE EVENT OF FAILURE TO FULFIL THE UNDERTAKING TO EXPORT CANNOT BE EQUATED WITH A