DUE FORM, AUTOMATICALLY OBLIGES THE INTERVENTION AGENCY TO BUY IN THE CEREALS OFFERED . SAVE IN EXCEPTIONAL CIRCUMSTANCES, A LEGAL TRANSACTION WITH SUCH COGENT CONSEQUENCES CAN BECOME BINDING UPON THE ADDRESSEE, ON WHOM IT PURPORTS TO IMPOSE OBLIGATIONS, AND CAN THUS BE REGARDED AS COMPLETE, ONLY WHEN IT COMES TO HIS KNOWLEDGE .
11 IT IS APPROPRIATE THEREFORE TO REPLY THAT AN OFFER WITHIN THE MEANING OF THE REGULATIONS REFERRED TO BY THE NATIONAL COURT CAN BE REGARDED AS MADE WHEN IT IS RECEIVED IN WRITING BY THE INTERVENTION AGENCY .
QUESTION 3
12 THE COURT IS ASKED FURTHER TO SAY WHETHER THERE IS A VALID OFFER CAPABLE OF BEING ACCEPTED WHEN IT CONTAINS NO INDICATION OF THE PLACE WHERE THE GOODS ARE OR WERE WHEN THE OFFER WAS MADE .
13 UNDER ARTICLE 1(1 ) OF REGULATION NO 132/67 OF THE COUNCIL ALL OFFERS FOR INTERVENTION SHALL BE MADE TO AN INTERVENTION AGENCY IN RESPECT OF A MARKETING CENTRE CHOSEN FROM AMONG THE THREE CENTRES NEAREST TO THE PLACE WHERE THE CEREALS ARE WHEN THE OFFER IS MADE AND UNDER ARTICLE 2(1 ) OF THE SAME REGULATION THE INTERVENTION AGENCY SHALL DECIDE ON THE PLACE WHERE THE CEREALS ARE TO BE TAKEN OVER .
14 ACCORDING TO THE DEFENDANT IN THE MAIN ACTION AND THE COMMISSION THESE PROVISIONS NECESSARILY IMPLY THAT THE PERSON CONCERNED MUST INDICATE THE PLACE WHERE THE GOODS ARE WHEN THE OFFER IS MADE SO AS TO ALLOW THE INTERVENTION AGENCY TO DECIDE WHETHER THE CONDITION IN ARTICLE 1 OF REGULATION NO 132/67 IS SATISFIED AND TO APPOINT THE PLACE FOR TAKING OVER WHICH APPEARS THE MOST ADVANTAGEOUS TO IT .
15 THE PLAINTIFF IN THE MAIN ACTION, WITHOUT DENYING THAT THIS INFORMATION MUST AS A RULE BE SUPPLIED, OBJECTS HOWEVER THAT IT HAS BECOME SUPERFLUOUS IN A CASE IN WHICH A MEMBER STATE, IN THE PRESENT CASE THE FEDERAL REPUBLIC OF GERMANY, HAS MADE USE OF THE POWER CONFERRED UPON IT BY ARTICLE 5 OF REGULATION NO 1028/68 TO LAY DOWN ADDITIONAL CONDITIONS AND HAS BY A DECISION OF GENERAL SCOPE APPOINTED IN ADVANCE IN RESPECT OF EACH MARKETING CENTRE PLACES FOR TAKING OVER WHERE THE INTERVENTION AGENCIES UNDERTAKE TO TAKE DELIVERY OF THE CEREALS WITHOUT THE DEALER' S INCURRING ANY OTHER COSTS . ACCORDING TO THE PLAINTIFF IN THE MAIN ACTION IT WOULD THUS NO LONGER BE OF ANY USE TO INDICATE THE PLACE WHERE THE GOODS ARE WHEN THE OFFER IS MADE SINCE THERE IS NO LONGER ANY NEED FOR THE INTERVENTION AGENCY EITHER TO VERIFY WHETHER THE MARKETING CENTRE INDICATED IS ONE OF THE THREE REFERRED TO IN ARTICLE 1 OR TO INDICATE A PLACE FOR TAKING OVER, SINCE THIS HAS BEEN INDICATED AND ACCEPTED IN ADVANCE .
16 SUCH AN INTERPRETATION OF ARTICLE 1 OF REGULATION NO 132/67 IS INCOMPATIBLE BOTH WITH THE WORDING AND THE OBJECTIVE OF THIS PROVISION . THIS OBLIGES INTERVENTION AGENCIES, SO THAT THE ORGANIZATION OF THE INTERVENTION SYSTEM MAY BE AS RATIONAL AND AS INEXPENSIVE AS