ON THE PART OF AN INDEPENDENT CARRIER TO WHOM THE TRANSPORT OF THE GOODS WAS SUBCONTRACTED, DOES NOT CONSTITUTE A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 11 OF COMMISSION REGULATION ( EEC ) NO 1687/76 .
THE THIRD QUESTION
16 THE SALES COVERED BY REGULATIONS NOS 1929/82 AND 2267/82 FORM PART OF THE ENDEAVOUR TO AVOID, ON THE ONE HAND, PROLONGED STORAGE OF MEAT HELD IN INTERVENTION AND, ON THE OTHER, THE DISPOSAL OF SUCH MEAT ON AN ALREADY OVER-SUPPLIED COMMUNITY MARKET . FOR THOSE REASONS, THE MEAT IN QUESTION WAS SOLD AT SUBSTANTIALLY REDUCED PRICES BUT ON THE CONDITION THAT IT WAS TO BE EXPORTED FROM THE COMMUNITY . IT IS EXPRESSLY STATED IN THE PREAMBLES TO THOSE REGULATIONS THAT IT WAS NECESSARY TO PROVIDE FOR THE LODGING OF A SECURITY SUFFICIENTLY HIGH TO GUARANTEE THE EXPORT OF THE MEAT . IT FOLLOWS THAT THE SECURITY IN QUESTION WAS PRECISELY TO ENSURE FULFILMENT OF A PRINCIPAL OBLIGATION INCUMBENT ON THE PURCHASER, NAMELY THAT OF EXPORTING THE MEAT FROM THE COMMUNITY .
17 THE COURT HAS CONSISTENTLY HELD THAT IF AN OBLIGATION MUST BE REGARDED AS A PRINCIPAL OBLIGATION WHOSE OBSERVANCE IS OF FUNDAMENTAL IMPORTANCE TO THE PROPER FUNCTIONING OF A COMMUNITY SYSTEM, FAILURE TO COMPLY WITH THAT OBLIGATION MAY BE PUNISHED BY TOTAL FORFEITURE OF THE SECURITY, WITHOUT THERE BEING ANY BREACH OF THE PRINCIPLE OF PROPORTIONALITY ( SEE, MOST RECENTLY, THE JUDGMENT OF 27 NOVEMBER 1986 IN CASE 21/85 A . MAAS & CO . NV, V BUNDESANSTALT FOER LANDWIRTSCHAFTLICHE MARKTORDNUNG (( 1986 )) ECR 3537 ).
18 IT FOLLOWS THAT THE ACTION TAKEN BY THE INTERVENTION AGENCY CONCERNED IN DECLARING FORFEIT, PURSUANT TO ARTICLE 13 ( 5 ) OF REGULATION NO 1687/76, ONLY THE PART OF THE SECURITY CORRESPONDING TO THE CONSIGNMENT WHICH THE PURCHASER DID NOT EXPORT IN BREACH OF HIS OBLIGATION WITHOUT SUCH BREACH RESULTING FROM A CASE OF FORCE MAJEURE, DOES NOT CONTRAVENE THE PRINCIPLE OF PROPORTIONALITY . IN THAT CONNECTION, CONSIDERATIONS RELATING TO THE MORAL BLAME ATTACHING TO THE EXPORTER, THE LOSS SUFFERED BY COMMUNITY FUNDS AND THE PROFIT WHICH MIGHT HAVE BEEN MADE ON A RESALE WITHIN THE COMMUNITY, ARE IRRELEVANT .
19 IT MUST THEREFORE BE STATED IN REPLY TO THE HIGH COURT' S THIRD QUESTION THAT, WHERE THE FULFILMENT OF AN OBLIGATION TO EXPORT A QUANTITY OF BEEF PURCHASED FROM AN INTERVENTION AGENCY IS GUARANTEED BY THE SECURITY REFERRED TO IN REGULATION NO 1687/76, THE PRINCIPLE OF PROPORTIONALITY IS PROPERLY APPLIED IF THE INTERVENTION AGENCY DETERMINES THE AMOUNT OF THE SECURITY TO BE DECLARED FORFEIT BY REFERENCE TO THE TONNAGE WHICH WAS NOT EXPORTED . EXCEPT IN THE CASE OF FORCE MAJEURE, THAT PRINCIPLE DOES NOT REQUIRE THE INTERVENTION AGENCY TO TAKE INTO CONSIDERATION OTHER CIRCUMSTANCES SUCH AS THE MORAL BLAME ATTACHING TO THE EXPORTER, THE LOSS SUFFERED BY COMMUNITY FUNDS OR THE PROFIT WHICH MIGHT HAVE BEEN MADE ON A RESALE WITHIN THE COMMUNITY .
Decision on costs
COSTS
20 THE COSTS INCURRED BY THE COMMISSION