WITHHELD AN AMOUNT OF DR 1 371 620 BY WAY OF ADDITIONAL STORAGE CHARGES FOR ONE DAY' S DELAY UNDER ARTICLE 15 OF REGULATION NO 2960/77 AND ARTICLE 9 OF REGULATION NO 1000/83 . THAT MEASURE WAS THE SUBJECT OF AN ACTION BROUGHT BY THE PLAINTIFF AGAINST THE GREEK STATE . THE EFETIO ETHINON, BEFORE WHICH THE CASE CAME ON APPEAL, REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
"1 . WHAT IS THE MEANING OF THE EXPRESSION "AT THE PURCHASER' S OWN RISK" CONTAINED IN THE RELEVANT PROVISIONS OF COMMISSION REGULATION NO 2690/77, AS AMENDED BY COMMISSION REGULATION NO 2041/83?
2 . IN PARTICULAR, IS THE PURCHASER LIABLE EVEN IF EVENTS OCCUR FOR WHICH HE IS NOT RESPONSIBLE, SUCH AS, IN THIS CASE, BAD WEATHER OR A POWER CUT AT THE PREMISES OF THE AGENT DESIGNATED TO CARRY OUT THE "ELEOURYIKI" CONTRACT?
3 . WHAT ARE THE CONSEQUENCES FOR THE PURCHASER UNDER THOSE PROVISIONS OF THE FACT THAT HE BEGAN TO LOAD THE GOODS ONLY FOUR DAYS BEFORE THE EXPIRY OF THE TIME-LIMIT OF 90 DAYS?
4 . WHICH OF THE TWO PARTIES IS IN DEFAULT UNDER THOSE PROVISIONS AND ACCORDING TO THE FACTS OF THE CASE AND WHAT ARE THE CONSEQUENCES OF THE DEFAULT?"
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE LEGAL FRAMEWORK OF THE CASE, THE FACTS OF THE MAIN PROCEEDINGS AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED ARE DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
FIRST, SECOND AND FOURTH QUESTIONS
7 AS CAN BE SEEN FROM THE STATEMENT OF THE REASONS ON WHICH THE JUDGMENT MAKING THE REFERENCE IS BASED, THE NATIONAL COURT' S FIRST, SECOND AND FOURTH QUESTIONS ARE ESSENTIALLY DESIGNED TO ASCERTAIN WHETHER ARTICLE 15 OF REGULATION NO 2960/77 MUST BE INTERPRETED AS MEANING THAT IF THE TIME-LIMIT LAID DOWN FOR THE WITHDRAWAL OF THE GOODS AWARDED IS EXCEEDED, THE PURCHASER IS TO BEAR THE ADDITIONAL STORAGE COSTS EVEN IF THE DELAY IS DUE TO CIRCUMSTANCES OUTSIDE HIS CONTROL SUCH AS A DETERIORATION IN THE WEATHER OR A POWER FAILURE IN A WAREHOUSE BELONGING TO AN AGENT OF THE INTERVENTION AGENCY .
8 THE SAID ARTICLE 15 READS AS FOLLOWS :
"IF THE WITHDRAWAL OF THE OIL IS NOT COMPLETED BY THE DATE STIPULATED IN ARTICLE 13 ( 1 ):
( A ) THE OIL REMAINING IN STORAGE SHALL BE HELD AT THE PURCHASER' S OWN RISK;
( B ) THE PURCHASER SHALL PAY TO THE INTERVENTION AGENCY A STORAGE CHARGE CALCULATED BY REFERENCE TO THE QUANTITY TO BE WITHDRAWN PLUS AN AMOUNT TO BE DETERMINED FOR EACH PERIOD OF 30 DAYS OF ADDITIONAL STORAGE OR PART THEREOF ."
9 IN THAT REGARD, THE GREEK STATE CONTENDS THAT THE TIME-LIMIT AT ISSUE IS PRECLUSIVE AND FAILURE TO COMPLY WITH IT IS ATTRIBUTABLE ONLY TO THE PURCHASER SINCE NO DEROGATION IS PROVIDED FOR IN THE APPLICABLE RULES .