THE MONETARY COMPENSATORY AMOUNTS WHICH WERE TO BE GRANTED BY THE UNITED KINGDOM ON IMPORTATION INTO THAT COUNTRY . SINCE THE INTERVENTION AGENCY HAD SERIOUS GROUNDS FOR SUSPECTING THAT THE GRAIN HAD BEEN CLANDESTINELY RE-IMPORTED INTO IRELAND FOR RE-EXPORTATION TO THE UNITED KINGDOM , IT REQUESTED THE NORTHERN IRISH CUSTOMS AUTHORITIES TO CARRY OUT AN INVESTIGATION ON ITS BEHALF . SINCE THOSE AUTHORITIES WERE UNABLE TO SATISFY THEMSELVES THAT THE GRAIN HAD IN FACT ENTERED NORTHERN IRELAND FOR HOME USE WITHIN THAT TERRITORY , THE INTERVENTION AGENCY REFUSED TO PAY THE MONETARY COMPENSATORY AMOUNTS CLAIMED .
5 THE PLAINTIFF BROUGHT AN ACTION TO RECOVER THOSE MONETARY COMPENSATORY AMOUNTS FROM THE INTERVENTION AGENCY BEFORE THE HIGH COURT OF IRELAND . THAT COURT HELD THAT THE NORTHERN IRISH PURCHASERS , OR AT LEAST SOME OF THEM , WERE GUILTY OF FRAUDULENT CAROUSEL TRADING AND OF IRREGULARITIES IN CONNECTION WITH THE GRAIN SOLD AND EXPORTED BY THE PLAINTIFF . THE HIGH COURT HELD , HOWEVER , THAT THE PLAINTIFF WAS IN NO WAY GUILTY OF OR PRIVY TO THOSE IRREGULARITIES AND HAD NOT FORFEITED ITS ENTITLEMENT TO THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS BY REASON OF THE MISCONDUCT OF THE PURCHASERS OVER WHOM IT HAD NO CONTROL .
6 THE INTERVENTION AGENCY APPEALED AGAINST THAT DECISION TO THE SUPREME COURT OF IRELAND WHICH REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
( 1 ) IN A CASE WHERE MONETARY COMPENSATORY AMOUNTS ARE PAYABLE BY IT IN RESPECT OF COMMODITIES EXPORTED TO ANOTHER MEMBER STATE PURSUANT TO THE RELEVANT COMMUNITY REGULATIONS AND COMMUNITY LAW GOVERNING THE PAYMENT OF SUCH MONETARY COMPENSATORY AMOUNTS ( IN PARTICULAR ARTICLES 38 TO 45 OF THE EEC TREATY , REGULATION NO 974/71 , AS AMENDED , REGULATION NO 1380/75 , AS AMENDED , AND REGULATION NO 3094/76 ) IS A MEMBER STATE ENTITLED TO REFUSE PAYMENT WHEN THE COMMODITIES CONCERNED HAVE NOT BEEN RELEASED INTO THE ECONOMY OF THE IMPORTING MEMBER STATE DUE TO FRAUD OR OTHER IRREGULARITY ON THE PART OF THE PURCHASERS OF THE SAID COMMODITIES , NOTWITHSTANDING THAT CUSTOMS FORMALITIES WERE COMPLETED , APPROPRIATE T 5 FORMS ISSUED AND THE ' EXPORTER ' OR ' PERSON CONCERNED ' , WITHIN THE MEANING OF THE SAID REGULATIONS , AT ALL TIMES ACTED BONA FIDE IN RELATION TO THE SAID TRANSACTION?
( 2 ) IS A MEMBER STATE ENTITLED TO REFUSE PAYMENT OF MONETARY COMPENSATORY AMOUNTS CLAIMED IN RESPECT OF COMMODITIES EXPORTED TO ANOTHER MEMBER STATE UNLESS AND UNTIL THE CLAIMANT DISCHARGES AN ONUS OF ESTABLISHING THAT SUCH TRANSACTIONS WERE ACTUALLY CARRIED OUT AND EXECUTED CORRECTLY IN ACCORDANCE WITH THE COMMUNITY REGULATIONS AND LAW , AND NOTWITHSTANDING THE PRODUCTION OF THE APPROPRIATE T 5 FORMS OR THE BONA FIDES OF THE ACTUAL CLAIMANT?
( 3 ) WHERE THE COMPETENT AUTHORITY LIABLE TO PAY MONETARY COMPENSATORY AMOUNTS HAS NOT PAID THEM WITHIN TWO MONTHS FROM THE DATE OF RECEIPT OF SUFFICIENT SUPPORTING DOCUMENTATION BY REASON OF HAVING SET IN TRAIN ADMINISTRATIVE INQUIRIES OWING