441 ), AND THE FEDERAL REPUBLIC OF GERMANY , REPRESENTED BY THE BUNDESANSTALT FUR LANDWIRTSCHAFTLICHE MARKTORDNUNG ( FEDERAL OFFICE FOR THE ORGANIZATION OF AGRICULTURAL MARKETS ), WHICH CLAIMS THE REFUND OF THE PREMIUMS AS REQUIRED BY GERMAN LAW , PRINCIPALLY ON THE GROUND THAT THE DENATURED SUGAR WAS USED NOT FOR FEEDING BEES BUT AS CORE-BINDER FOR FOUNDRIES .
3 THE PLAINTIFF IN THE MAIN ACTION SOLD THE DENATURED SUGAR TO AN AGRICULTURAL DEALER , STIPULATING THAT THE SUGAR ' ' MUST BE USED ONLY FOR THE FEEDING OF BEES ' ' AND THAT PROOF THAT IT HAD BEEN SO USED MIGHT BE REQUIRED . THE DEALER RESOLD IT TO AN UNDERTAKING WHICH USED IT FOR A PURPOSE OTHER THAN THAT AGREED . ON DISCOVERING THAT FACT THE DEFENDANT DEMANDED REPAYMENT OF THE PREMIUM FROM THE PLAINTIFF IN THE MAIN ACTION .
' 4 THE NATIONAL COURT BEFORE WHICH THE DISPUTE WAS BROUGHT IS OF THE OPINION THAT GERMAN LAW REQUIRES A PREMIUM WHICH HAS BEEN UNDULY PAID TO BE RETURNED , BUT IS IN DOUBT WHETHER THE PLAINTIFF IN THE MAIN ACTION WAS WRONGLY IN RECEIPT OF THE PREMIUM IN THIS INSTANCE , FOR IT HAD FULFILLED ALL THE REQUIREMENTS LAID DOWN BY COMMUNITY LAW FOR PAYMENT OF THE PREMIUM , THERE BEING NO CLEAR INDICATION IN REGULATION NO 100/72 THAT THE UNDERTAKINGS CONCERNED ARE REQUIRED TO USE THE PRODUCT FOR THE PURPOSE ENVISAGED .
5 THE NATIONAL COURT THEREFORE REFERRED THE FOLLOWING QUESTION TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
' ' IS THE RECIPIENT OF A DENATURING PREMIUM CERTIFICATE UNDER REGULATION ( EEC ) NO 100/72 OF THE COMMISSION OF 14 JANUARY 1972 LAYING DOWN DETAILED RULES ON THE DENATURING OF SUGAR FOR ANIMAL FEED ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1972 ( I ), P . 21 ) OBLIGED BY THE WORDING OF ARTICLE 14 ( 1 ) ( B ) THEREOF TO USE THE DENATURED SUGAR ONLY FOR ANIMAL FEED AND IS HE LIABLE FOR ANY USE OTHERWISE THAN FOR THAT PURPOSE BY THIRD PARTIES?
' '
THE FIRST PART OF THE QUESTION
6 THE BASIS FOR THE REPLY TO BE GIVEN TO THE QUESTION WHETHER IT IS A REQUIREMENT OF COMMUNITY LAW THAT THE RECIPIENT OF A DENATURING PREMIUM CERTIFICATE MUST USE THE DENATURED SUGAR EXCLUSIVELY FOR ANIMAL FEED MAY BE ELICITED BY FIRST INTERPRETING THE WORDING OF THE RELEVANT PROVISIONS OF REGULATION NO 100/72 AND THEN CONSIDERING IT IN THE LIGHT OF THE PURPOSE OF THE COMMUNITY RULES IN QUESTION .
7 ARTICLES 14 , 21 AND 24 OF REGULATION NO 100/72 LAY DOWN THE CONDITIONS FOR PAYMENT OF THE DENATURING PREMIUM . THE PREMIUM MAY BE PAID ONLY IF THE SUGAR HAS BEEN DENATURED UNDER SUPERVISION IN AN APPROVED ESTABLISHMENT AND BY ONE OF THE PROCESSES LISTED IN THE ANNEX TO THE REGULATION . IT IS ALSO PROVIDED THAT THE PREMIUM MAY NOT BE PAID UNTIL PROOF IS FURNISHED THAT THE SUGAR WAS DENATURED UNDER THE CONDITIONS LAID