ARTICLE 4 OF REGULATION ( EEC ) NO 1071/68 OF THE COMMISSION OF 25 JULY 1968 LAYING DOWN DETAILED RULES FOR GRANTING PRIVATE STORAGE AID FOR BEEF AND VEAL ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 354 ) ENABLE THE NATIONAL INTERVENTION AGENCIES , AFTER THE PERIOD OF STORAGE HAS BEEN COMPLETED , TO RECOVER A DEPOSIT WHICH HAS BEEN WRONGLY RELEASED?
2.IF THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE : ARE NATIONAL RULES UNDER WHICH IT IS POSSIBLE TO REVOKE A WRONGFUL DECISION RELEASING A DEPOSIT AND TO RECLAIM THE AMOUNT OF THE DEPOSIT AFTER THE PERIOD OF STORAGE HAS EXPIRED COMPATIBLE WITH COMMUNITY LAW?
3.IF THE SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE : ARE NATIONAL RULES SUCH AS THOSE DESCRIBED IN THE SECOND QUESTION WHICH MAKE REVOCATION OF A DECISION RELEASING A DEPOSIT AND HENCE RECOVERY OF THAT DEPOSIT SUBJECT TO THE DISCRETION OF THE INTERVENTION AGENCY COMPATIBLE WITH COMMUNITY LAW?
4.IF EITHER THE FIRST OR THE SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE : WHAT IS THE NATURE OF THE CLAIM SECURED BY THE DEPOSIT REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1071/68?
5.IF THE ANSWER TO THE FOURTH QUESTION IS THAT THE CLAIM SECURED BY THE DEPOSIT IS A CLAIM FOR A PENALTY : DO ARTICLE 4 OF REGULATION ( EEC ) NO 1071/68 AND THE PENALTY PROVIDED FOR THEREIN INFRINGE SUPERIOR RULES OF COMMUNITY LAW?
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THE FIRST AND FOURTH QUESTIONS
7 IT IS APPROPRIATE TO BEGIN BY CONSIDERING THE ISSUES RAISED BY THE FIRST AND FOURTH QUESTIONS , IN ORDER TO DETERMINE WHETHER COMMUNITY LAW PROVIDES AN ADEQUATE LEGAL BASIS EITHER FOR REVOKING A DECISION RELEASING A DEPOSIT OR FOR DEMANDING PAYMENT OF A SUM EQUAL TO THE DEPOSIT WRONGLY RELEASED .
8 IN THE OBSERVATIONS WHICH IT SUBMITTED TO THE COURT THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY PROPOSES THAT THE FIRST QUESTION SHOULD BE ANSWERED IN THE NEGATIVE BECAUSE ARTICLE 4 OF REGULATION NO 1071/68 DOES NOT COVER THE CASE OF A DEPOSIT WRONGLY RELEASED . IN ITS OPINION , THERE ARE NO PROVISIONS OF COMMUNITY LAW ON THE MATTER . ON THE OTHER HAND , IT CONSIDERS THAT THE PRINCIPLES TO BE DERIVED FROM ARTICLE 5 OF THE EEC TREATY REQUIRE THE MEMBER STATES TO CLAIM REPAYMENT OF A DEPOSIT WRONGLY RELEASED . THE MAIN PURPOSE OF THE DEPOSIT IS TO ENSURE THAT THE STORAGE CONTRACT IS PERFORMED AND COMMUNITY LAW OBSERVED . DISREGARD OF THOSE OBLIGATIONS BY A TRADER SHOULD BE TAKEN INTO ACCOUNT EVEN AFTER THE RELEASE OF THE DEPOSIT ; OTHERWISE A PERSON WHOSE MISCONDUCT IS ONLY DISCOVERED AFTER THE DEPOSIT HAS BEEN RELEASED WOULD BE PLACED IN A BETTER POSITION THAN SOMEONE WHOSE MISCONDUCT IS DISCOVERED EARLIER .
9 THE COMMISSION CONTENDS THAT IN ENTERING INTO A STORAGE CONTRACT THE STORER IN FACT ASSUMES TWO OBLIGATIONS : NAMELY , TO PAY , IF NECESSARY , A CONTRACTUAL PENALTY AND TO PROVIDE A DEPOSIT