AND SEVERAL GUARANTEE OF A THIRD PERSON , THAT DISTINCTION BETWEEN THE PRINCIPAL AND THE GUARANTOR IS MOREOVER APPARENT FROM THE WORDING OF THE GUARANTEE DOCUMENT ITSELF , AS SET OUT IN ANNEX F TO THE REGULATION , WHICH PROVIDES THAT THE PERSON SIGNING IT ' ' GUARANTEES ' ' SUMS OWED BY THE PRINCIPAL ON ACCOUNT OF ANY INFRINGEMENTS OR IRREGULARITIES COMMITTED BY THE PRINCIPAL IN THE COURSE OF COMMUNITY TRANSIT OPERATIONS .
26 FINALLY THAT DISTINCTION IS BORNE OUT BY ARTICLE 28 ( 1 ) OF THE REGULATION WHICH , BY PROVIDING THAT ' ' THE PERSON STANDING AS GUARANTOR . . . SHALL BE RESPONSIBLE FOR DESIGNATING , IN EACH OF THE MEMBER STATES THROUGH WHICH THE GOODS WILL BE CARRIED IN THE COURSE OF COMMUNITY TRANSIT , A NATURAL OR LEGAL THIRD PERSON WHO WILL ALSO STAND AS GUARANTOR FOR THE PRINCIPAL ' ' , IMPLIES THAT WHERE GOODS ARE CARRIED THROUGH THE TERRITORY OF SEVERAL MEMBER STATES DURING THE COURSE OF AN EXTERNAL COMMUNITY TRANSIT OPERATION THERE ARE SEVERAL GUARANTORS FOR ONE AND THE SAME PRINCIPAL .
27 IN VIEW OF THOSE PROVISIONS IT WOULD BE A MISAPPREHENSION OF THE OBJECTIVES AND THE SCHEME OF THE EXTERNAL COMMUNITY TRANSIT RULES , PARTICULARLY WHERE THE GUARANTEE CONSISTS OF THE JOINT AND SEVERAL GUARANTEE OF A THIRD PERSON , TO CONSTRUE THE WORDS ' ' THE PERSON WHO HAS FURNISHED A GUARANTEE ' ' APPEARING IN THE DUTCH VERSION OF THE FIRST PARAGRAPH OF ARTICLE 35 OF REGULATION NO 524/69 , OR THE WORD ' ' GUARANTOR ' ' APPEARING IN THE OTHER VERSIONS , AS MEANING BOTH THE PRINCIPAL AND THE GUARANTOR .
28 THE ANSWER TO THE FIRST QUESTION SHOULD THEREFORE BE THAT THE FIRST PARAGRAPH OF ARTICLE 35 OF REGULATION NO 542/69 OF THE COUNCIL OF 18 MARCH 1969 , IN THE VERSION IN FORCE ON 29 OCTOBER 1976 , MUST BE INTERPRETED AS MEANING THAT THE WORDS ' ' DEGENE DIE ZEKERHEID HEEFT GESTELD ' ' DO NOT COVER THE PRINCIPAL BUT MEAN ONLY THE PERSON WHO , IN THE CASE OF THE JOINT AND SEVERAL GUARANTEE REFERRED TO IN ARTICLE 27 ( 3 ) OF THAT REGULATION , ACTS AS GUARANTOR IN ACCORDANCE WITH THAT REGULATION .
THE SECOND QUESTION
29 THE NATIONAL COURT ASKED THE SECOND QUESTION ONLY IN THE EVENT OF THE FIRST QUESTION BEING ANSWERED IN THE AFFIRMATIVE . IN VIEW OF THE ANSWER TO THAT QUESTION IT IS NOT NECESSARY TO CONSIDER THE SECOND QUESTION .
Decision on costs
COSTS
THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . SINCE THE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER