CONSIDERED THE POSSIBILITY OF APPLYING THE PRINCIPLE OF PROPORTIONALITY AND CAME TO THE CONCLUSION THAT "IN CIRCUMSTANCES SUCH AS THOSE DESCRIBED IN THE ORDER FOR REFERENCE THE PRINCIPLE OF PROPORTIONALITY RECOGNIZED IN COMMUNITY LAW CANNOT PROVIDE ANY SOLUTION TO THE DISPUTE PENDING BEFORE THE VERWALTUNGSGERICHT ".
7 IN ORDER TO ANSWER THE QUESTION REFERRED TO THE COURT IN THIS CASE IT IS THEREFORE SUFFICIENT TO CONSIDER WHETHER IN THE NEW ORDER FOR REFERENCE THE VERWALTUNGSGERICHT DESCRIBES CIRCUMSTANCES OF SUCH A KIND AS TO ALTER THE ASSESSMENT MADE BY THE COURT IN ITS JUDGMENT OF 14*NOVEMBER 1985 . THE ONLY RELEVANT CIRCUMSTANCE IN THAT CONNECTION NOT MENTIONED IN THE PREVIOUS ORDER FOR REFERENCE - WHICH IS STRESSED BOTH IN THE NEW QUESTION REFERRED FOR A PRELIMINARY RULING AND IN THE GROUNDS OF THE ORDER FOR REFERENCE - IS THAT THE NEW CONTRACTS REPLACING THE CONTRACT WHICH WAS NOT CARRIED OUT WERE CONCLUDED "WITH THE COOPERATION OF THE INTERVENTION AGENCY" AND WERE PERFORMED IN FULL .
8 AS THE COURT POINTED OUT IN ITS JUDGMENT OF 14 NOVEMBER 1985, THE AIM OF THE RELATIVELY MODEST SECURITY LAID DOWN BY THE RULES IN QUESTION IS NOT ONLY TO ENSURE THAT THE INTERVENTION STOCKS ARE ACTUALLY REDUCED BY THE QUANTITY OF PRODUCTS COVERED BY THE PURCHASE APPLICATION, BUT ALSO TO GUARANTEE THE PERFORMANCE BY THE BUYER OF THE CONTRACTUAL OBLIGATIONS ARISING FROM HIS PURCHASE APPLICATION AND OBSERVANCE OF THE CONDITIONS OF SALE LAID DOWN IN THE REGULATIONS IN QUESTION . ONE OF THOSE CONDITIONS IS THE PAYMENT IN NATIONAL CURRENCY OF THE SALE PRICE FIXED IN ADVANCE IN ECUS CONVERTED AT THE GREEN RATE IN FORCE ON THE DAY ON WHICH THE SECURITY SUPPORTING THE PURCHASE APPLICATION WAS RECEIVED .
9 IT IS IN PURSUANCE OF THAT AIM THAT THE RELEVANT COMMUNITY RULES CONTAIN NO PROVISION FOR THE RELEASE OF THE SECURITY IN A CASE SUCH AS THIS . WHERE, OWING TO A CHANGE IN THE GREEN RATE AFTER THE SECURITY WAS FURNISHED, THE PURCHASER FINDS IT ADVANTAGEOUS NOT TO PERFORM THE CONTRACT IN ACCORDANCE WITH THE CONDITIONS WHICH HE ACCEPTED, THE FORFEITURE OF THE SECURITY DOES NOT CONSTITUTE A DISPROPORTIONATE CONSEQUENCE, A FORTIORI WHERE, WITH THE COOPERATION OF THE INTERVENTION AGENCY, THE PURCHASER OBTAINED A NEW CONTRACT RELATING TO THE SAME QUANTITY OF GOODS BUT AT THE MORE FAVOURABLE PRICE RESULTING FROM THE CHANGE IN THE GREEN RATE .
10 IT FOLLOWS THAT THE CIRCUMSTANCES SET OUT IN THE NEW ORDER FOR REFERENCE ARE NOT SUCH AS TO CHANGE THE OUTCOME OF THE EXAMINATION OF THE PRINCIPLE OF PROPORTIONALITY CARRIED OUT BY THE COURT IN ITS JUDGMENT OF 14 NOVEMBER 1985 .
11 THE ANSWER TO THE QUESTION REFERRED TO THE COURT FOR A PRELIMINARY RULING MUST THEREFORE BE THAT CONSIDERATION OF THE QUESTION RAISED HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF ARTICLE 16*(2 ) OF COMMISSION REGULATION ( EEC ) NO 2173/79 OF 4 OCTOBER 1979 ON DETAILED RULES OF APPLICATION FOR THE DISPOSAL OF