ECONOMIC FREEDOM AND PROPORTIONALITY
20 THE COURT IS ASKED TO RULE WHETHER THE PROVISIONS OF REGULATION NO 102/64 OF THE COMMISSION RELATING TO THE OBLIGATION TO EXPORT INHERENT IN EVERY EXPORT LICENCE ( ARTICLE 1 ) AND THE LODGING AND FORFEITURE OF THE DEPOSIT LODGED FOR THE PURPOSE OF OBTAINING EXPORT LICENCES ( ARTICLE 7 ) VIOLATE A PRINCIPLE WHEREBY THE ADMINISTRATION IS OBLIGED TO APPLY ONLY MEASURES PROPORTIONATE TO THE OBJECTIVE TO BE ATTAINED OR PROHIBITING IT FROM RECOURSE TO EXCESSIVE MEASURES AND WHETHER THIS IS SO IN PARTICULAR IN THE CASE REFERRED TO IN ARTICLE 7 ( 1 ) WHERE THE DEPOSIT IS LODGED FOR THE PURPOSE OF OBTAINING EXPORT LICENCES IN RESPECT OF WHICH THE AMOUNT OF THE REFUND IS NOT FIXED IN ADVANCE .
21 IT APPEARS FROM THE GROUNDS OF THE JUDGMENT AT FIRST INSTANCE THAT THE VERWALTUNGSGERICHT CONSIDERED THE UNDERTAKING ATTACHED TO THE ISSUE OF THE IMPORT OR EXPORT LICENCES, UNDER ARTICLE 1 OF REGULATION NO 102/64, AND THE DEPOSIT PROVIDED FOR BY ARTICLE 7 ( 1 ) OF THE SAME REGULATION GUARANTEEING THE FULFILMENT OF THAT OBLIGATION TO BE INVALID, BECAUSE IT ALLEGEDLY CONSTITUTES AN ULTRA VIRES MEASURE CONTRARY TO THE PRINCIPLES OF ECONOMIC FREEDOM AND PROPORTIONALITY . ACCORDING TO THE COURT, THESE PRINCIPLES WHICH ARE INTENDED TO GUARANTEE PROTECTION OF FUNDAMENTAL RIGHTS FORM AN INTEGRAL PART OF BOTH INTERNATIONAL LAW AND THE SUPRANATIONAL LEGAL ORDER, SUCH THAT A COMMUNITY MEASURE CONTRARY TO THESE CONCEPTS MUST BE CONSIDERED NULL AND VOID .
22 RESPECT FOR FUNDAMENTAL RIGHTS FORMS AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW PROTECTED BY THE COURT OF JUSTICE . IT IS THEREFORE APPROPRIATE TO INQUIRE, IN REPLYING TO THE QUESTION REFERRED TO THE COURT AND IN THE LIGHT OF THE PRINCIPLES INVOKED, WHETHER THE SYSTEM OF DEPOSITS HAS INFRINGED RIGHTS OF A FUNDAMENTAL NATURE, RESPECT FOR WHICH MUST BE ENSURED IN THE COMMUNITY LEGAL SYSTEM .
23 THE OBJECTIVE OF THE SYSTEM OF DEPOSITS IS SET OUT IN THE SIXTH RECITAL OF THE PREAMBLE TO REGULATION NO 102/64, ACCORDING TO WHICH " PROVISION SHOULD BE MADE TO AVOID LICENCES BEING PUT INTO CIRCULATION WHICH ARE NOT THEN FOLLOWED BY IMPORT OR EXPORT " , IN VIEW OF THE FACT THAT " SUCH LICENCES WOULD GIVE A MISTAKEN VIEW OF THE MARKET SITUATION " , AND TO THIS END THE ISSUE OF LICENCES CONDITIONAL ON THE LODGING OF A DEPOSIT WHICH IS TO BE FORFEITED IF THE OBLIGATION TO IMPORT OR EXPORT IS NOT FULFILLED . IT FOLLOWS FROM THESE CONSIDERATIONS AND FROM THE GENERAL SCHEME OF REGULATIONS NO 19 AND 102/64 THAT THE SYSTEM OF DEPOSITS IS INTENDED TO GUARANTEE THAT THE IMPORTS AND EXPORTS FOR WHICH THE LICENCES ARE REQUESTED ARE ACTUALLY EFFECTED IN ORDER TO ENSURE BOTH FOR THE COMMUNITY AND FOR THE MEMBER STATES PRECISE KNOWLEDGE OF THE INTENDED TRANSACTIONS .
24 THIS KNOWLEDGE, TOGETHER WITH OTHER AVAILABLE INFORMATION ON THE STATE OF THE MARKET, IS ESSENTIAL TO ENABLE THE COMPETENT AUTHORITIES TO MAKE JUDICIOUS