SUPREME COURT ) OF THE NETHERLANDS REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION ON THE INTERPRETATION OF REGULATION ( EEC ) NO 232/75 OF THE COMMISSION OF 30 JANUARY 1975 ON THE SALE OF BUTTER AT REDUCED PRICES FOR USE IN THE MANUFACTURE OF PASTRY PRODUCTS AND ICE-CREAM ( OFFICIAL JOURNAL 1975 , L 24 , P . 45 ) AND IN PARTICULAR ON THE CONDITIONS FOR THE RELEASE OF THE PROCESSING SECURITY PROVIDED FOR IN THAT REGULATION .
2 THAT QUESTION WAS RAISED IN PROCEEDINGS BETWEEN , ON THE ONE HAND , NV DE JONG VERENIGDE ( HEREINAFTER REFERRED TO AS ' DE JONG ' ) AND COOPERATIEVE MELKPRODUKTEN BEDRIJVEN ' DOMO-BEDUM ' GA ( HEREINAFTER REFERRED TO AS ' DOMO-BEDUM ' ) AND , ON THE OTHER HAND , THE VOEDSELVOORZIENINGS IN- EN VERKOOPBUREAU , A NETHERLANDS INTERVENTION AGENCY ( HEREINAFTER REFERRED TO AS ' THE VIB ' ). THE PROCEEDINGS CONCERN THE RELEASE OF A NUMBER OF PROCESSING SECURITIES WHICH DE JONG FURNISHED TO THE VIB UNDER THE SCHEME INTRODUCED BY REGULATION NO 232/75 . FOR THOSE SECURITIES DOMO-BEDUM ACTED AS GUARANTOR .
3 IN ORDER TO FACILITATE THE DISPOSAL OF SURPLUS BUTTER STOCKED UNDER THE INTERVENTION SYSTEM , REGULATION NO 232/75 INTRODUCED A SCHEME UNDER WHICH INTERVENTION AGENCIES MAY , BY MEANS OF A STANDING INVITATION TO TENDER , SELL BUTTER AT A REDUCED PRICE TO CERTAIN PROCESSING UNDERTAKINGS FOR THE PURPOSE OF MANUFACTURING PASTRY PRODUCTS AND ICE-CREAM . UNDER THE SCHEME EACH TENDERER MUST , IN PARTICULAR , UNDERTAKE TO HAVE THE BUTTER AWARDED PROCESSED INTO CONCENTRATED BUTTER AND TO HAVE THE CONCENTRATED BUTTER PROCESSED INTO PASTRY PRODUCTS OR ICE-CREAM IN THE MANNER LAID DOWN IN ARTICLE 6 ( 1 ) OF THE REGULATION AND IN ACCORDANCE WITH THE STATEMENTS IN HIS TENDER . IF HE IS AWARDED A QUANTITY OF BUTTER , THE SUCCESSFUL TENDERER IS REQUIRED BY ARTICLE 12 OF THE REGULATION TO PROVIDE A PROCESSING SECURITY TO ENSURE THAT THE BUTTER IS NOT USED FOR ANOTHER PURPOSE . THE AMOUNT OF THE SECURITY IS FIXED BY REFERENCE TO THE DIFFERENCE BETWEEN THE MARKET PRICE OF THE BUTTER AND THE MINIMUM PRICE AT WHICH THE BUTTER IS SOLD UNDER THE TENDERING PROCEDURE .
4 ARTICLE 15 OF THE REGULATION PROVIDES THAT , FROM THE TIME OF ITS REMOVAL FROM STORE UNTIL IT IS PROCESSED INTO PASTRY PRODUCTS OR ICE-CREAM , THE BUTTER IS TO BE SUBJECT TO CUSTOMS OR ADMINISTRATIVE CONTROL BY THE COMPETENT AUTHORITIES . WHERE THE BUTTER IS PROCESSED INTO PASTRY PRODUCTS OR ICE-CREAM IN A MEMBER STATE OTHER THAN THAT IN WHICH IT IS SOLD , SUCH CONTROL IS ENSURED BY A DOCUMENT CALLED A ' T 5 CONTROL COPY ' .
5 ARTICLE 18 ( 2 ) PROVIDES THAT ' EXCEPT IN CASES OF FORCE MAJEURE...THE PROCESSING SECURITY . . . SHALL BE RELEASED ONLY FOR QUANTITIES IN RESPECT OF WHICH THE SUCCESSFUL TENDERER HAS FURNISHED PROOF THAT THE