CERTAIN STORAGE OPERATIONS TO SEND TO THE V.I.B . WITHIN THE PERIOD LAID DOWN THE DOCUMENTS RELATING TO THOSE OPERATIONS THE V.I.B . DECIDED THAT THE DEPOSITS LODGED IN RESPECT OF THE STORAGE CONTRACTS IN QUESTION SHOULD BE FORFEITED . FOR THE SAME REASON THE PRODUKTSCHAP VOOR VEE EN VLEES REFUSED TO GRANT THE STORAGE AID REQUESTED BY THE APPELLANT IN THE MAIN ACTION , WHICH ACCORDINGLY INSTITUTED PROCEEDINGS BEFORE THE NATIONAL COURT .
QUESTION I
3 THE FIRST QUESTION SUBMITTED BY THE COLLEGE IS INTENDED TO ESTABLISH WHETHER POWER TO TAKE DECISIONS CONCERNING THE APPLICATION OF THE RULES LAID DOWN BY THE PROVISIONS OF REGULATION NOS 2759/75 , 2763/75 AND 1889/76 IS HELD BY THE NATIONAL INTERVENTION AGENCIES OR BY THE MEMBER STATES .
4 IT MUST BE NOTED IN THIS CONNEXION THAT THE COMMUNITY REGULATIONS IN QUESTION DID NOT DETERMINE WHICH INSTITUTIONS IN EACH MEMBER STATE ARE COMPETENT TO TAKE THE INTERVENTION MEASURES ENVISAGED AND ASSIGNED TO THE MEMBER STATES THE TASK OF DESIGNATING THE SAID INSTITUTIONS ( SEE ARTICLE 4 ( 3 ) OF REGULATION NO 2759/75 ).
5 IT IS ACCORDINGLY FOR EACH MEMBER STATE TO DETERMINE THE INSTITUTIONS WHICH ARE EMPOWERED WITHIN ITS DOMESTIC LEGAL SYSTEM TO ADOPT MEASURES IN IMPLEMENTATION OF THE ABOVE-MENTIONED COMMUNITY REGULATIONS . SINCE THE POSSIBILITY WAS NOT EXPRESSLY EXCLUDED BY THE SAID REGULATIONS , THE MEMBER STATES MAY APPORTION AMONGST SEVERAL NATIONAL INSTITUTIONS THE TASK OF ADOPTING THE VARIOUS NECESSARY IMPLEMENTING MEASURES . IN THIS LATTER CASE IT IS HOWEVER INCUMBENT ON THE SAID NATIONAL INSTITUTIONS TO ENSURE BY APPROPRIATE MEANS THAT THE MEASURES WHICH THEY ADOPT ARE CO-ORDINATED IN SUCH A WAY THAT THEY DO NOT JEOPARDIZE THE PROPER FUNCTIONING OF THE ORGANIZATION OF THE MARKET .
6 THE REPLY TO QUESTION I MUST THEREFORE BE THAT THE POWER TO TAKE DECISIONS WITH REGARD TO THE APPLICATION OF THE RULES LAID DOWN BY THE PROVISIONS OF REGULATIONS NOS 2759/75 , 2763/75 AND 1889/76 IS HELD BY THE INSTITUTIONS DESIGNATED FOR THAT PURPOSE BY EACH MEMBER STATE .
QUESTION II
7 IN THE SECOND PLACE THE COURT OF JUSTICE IS ASKED TO STATE WHETHER ARTICLE 6 ( 2 ) OF REGULATION NO 1889/76 MUST BE INTERPRETED AS MEANING THAT THE RIGHT TO PAYMENT OF AN AID MUST BE CONSIDERED TO HAVE BEEN ACQUIRED IF ALL THE OBLIGATIONS SET OUT IN ARTICLE 3 ( 2 ) ( A ) OF THAT REGULATION HAVE BEEN FULFILLED IN THEIR ENTIRETY AND INTER ALIA THE DOCUMENTS RELATING TO THE STORAGE HAVE BEEN SENT , ALBEIT TOO LATE , TO THE INTERVENTION AGENCY OR WHETHER ON THE OTHER HAND ARTICLE 6 ( 2 ) OF THE ABOVE-MENTIONED REGULATION MUST BE INTERPRETED AS MEANING THAT THE STORER CANNOT CLAIM THE RIGHT TO AN AID IF THE DOCUMENTARY PROOF OF STORAGE HAS NOT BEEN SENT TO THE INTERVENTION AGENCY ' ' WITHOUT DELAY ' ' .
8 ARTICLE 3 ( 2 ) OF REGULATION NO 1889/76 PROVIDES THAT CONTRACTS CONCERNING THE PRIVATE STORAGE OF PRODUCTS IN THE