BE MORE APPROPRIATE FOR THE ATTAINMENT OF THE OBJECTIVES PURSUED CANNOT BE ACCEPTED . EVEN IF ONLY PART OF THE AID WERE PAID IN THE EVENT OF A SLIGHT LACK OF CONFORMITY IN THE DENATURING OPERATION , THERE WOULD STILL BE A RISK THAT THE PRODUCT MIGHT BE DIVERTED FROM ITS INTENDED USE .
13 THE ARGUMENT PUT FORWARD BY THE COMMISSION MUST BE ACCEPTED . IN VIEW OF THE AMOUNT OF THE AID GRANTED FOR THE PRODUCT INTENDED FOR FEED FOR ANIMALS OTHER THAN YOUNG CALVES AND IN VIEW OF THE RISK THAT IT MIGHT BE USED FOR OTHER , UNAUTHORIZED PURPOSES , THE COMMISSION WAS ENTITLED TO STRESS THE IMPORTANCE OF THE DENATURING OF SKIMMED-MILK POWDER BY LAYING DOWN STRICT CONDITIONS IN ORDER TO PREVENT ANY RISK OF UNAUTHORIZED USE OF THE PRODUCT .
14 ALTHOUGH , IN CERTAIN CASES , THE COURT HAS DECLARED VOID PROVISIONS WHICH IMPOSED THE SAME PENALTY BOTH FOR FAILURE TO FULFIL THE OBLIGATION WHICH THE SECURITY WAS INTENDED TO GUARANTEE AND FOR A FAR LESS SERIOUS BREACH SUCH AS FAILURE TO ADDUCE PROOF OF PERFORMANCE OF THE PRINCIPAL OBLIGATION WITHIN THE PERIOD PRESCRIBED , THE DECISIONS CONCERNED ARE NOT RELEVANT IN THIS CASE . THE COMMISSION WAS LEGALLY JUSTIFIED IN ADOPTING PROVISIONS WHICH ENTAIL WITHHOLDING OF THE AID AND LOSS OF THE SECURITY FOR FAILURE TO FULFIL THE PRINCIPAL OBLIGATION LAID DOWN IN THE TENDERING PROCEDURE AND WAS NOT OBLIGED TO VARY THE SEVERITY OF THE MEASURE IN QUESTION ACCORDING TO THE GRAVITY OF THE TENDERER ' S FAILURE TO COMPLY WITH THAT OBLIGATION . SUCH A MEASURE CANNOT BE REGARDED AS OUT OF PROPORTION TO THE OBJECTIVE PURSUED .
15 THE ANSWER TO THE QUESTIONS RAISED MUST THEREFORE BE THAT THE FACT THAT THE DENATURING DEPARTS EVEN TO A SLIGHT EXTENT FROM THE METHOD REFERRED TO IN REGULATION NO 1844/77 IS CAPABLE OF DEPRIVING THE TRADER OF THE ENTIRE BENEFIT OF THE SPECIAL AID PROVIDED FOR IN THAT REGULATION . CONSIDERATION OF THE PROVISIONS OF THE REGULATION HAS DISCLOSED NO FACTOR OF SUCH A NATURE AS TO AFFECT ITS VALIDITY .
Decision on costs
COSTS
16 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE TRIBUNAL ADMINISTRATIF , PARIS , BY JUDGMENT OF 16 JUNE 1981 HEREBY RULES :
THE FACT THAT THE DENATURING DEPARTS EVEN TO A SLIGHT EXTENT FROM THE METHOD REFERRED TO IN COMMISSION REGULATION ( EEC ) NO 1844/77 OF 10 AUGUST 1977 ON THE GRANTING BY TENDER OF SPECIAL AID FOR SKIMMED-MILK POWDER INTENDED AS FEED