OFFICER WHO WAS RESPONSIBLE FOR CHECKING ON THE FINAL PROCESSING OF THE BUTTER AND FOR ENTERING THE FINAL DATE OF USE ON THE T5 EXPORT FORM AND WHO HAD GRANTED THAT BUYER AN EXTENSION OF THE PERIOD PERMITTED FOR PROCESSING DOES NOT CONSTITUTE A CASE OF FORCE MAJEURE , WITHIN THE MEANING OF ARTICLE 18 AND 19 ( 1 ) OF REGULATION NO 232/75 , AS FAR AS THE SUCCESSFUL TENDERER IS CONCERNED .
THE THIRD QUESTION
32 CORMAN ASSUMES THAT THE SECOND SUBPARAGRAPH OF ARTICLE 19 ( 2 ) LAYS DOWN TWO PERIODS : AN INITIAL 30-DAY PERIOD SUPPLEMENTARY TO THE SIX-MONTH PERIOD WITHIN WHICH THE BUTTER MUST BE PROCESSED AND A SECOND 30-DAY PERIOD , WITHIN WHICH THE REQUEST MUST BE SUBMITTED , RUNNING FROM THE DATE OF EXPIRY OF THE FIRST PERIOD . IT SUBMITS THAT , CONSIDERED IN THE LIGHT OF THE PRINCIPLE OF PROPORTIONALITY , THE SECOND SUBPARAGRAPH OF ARTICLE 19 ( 2 ) OF THE REGULATION IS NOT VALID BECAUSE THE SECOND PERIOD , THE PERIOD WITHIN WHICH THE REQUEST FOR AN EXTENSION OF THE PROCESSING PERIOD MUST BE SUBMITTED , IS EXTREMELY SHORT IN VIEW OF ITS PURPOSE WHICH IS PURELY ADMINISTRATIVE AND THE VERY SERIOUS CONSEQUENCES WHICH ARISE IF IT IS EXCEEDED . IT TAKES THE VIEW THAT IN ITS JUDGMENT OF 23 FEBRUARY 1983 IN CASE 66/82 ( FROMANCAIS SA V FORMA ( 1983 ) ECR 395 ), IN WHICH THE COURT HELD THAT PROVISION VALID , THE COURT DID NOT RULE ON THIS POINT ; ITS RULING CONCERNED ONLY THE FAILURE TO COMPLY WITH THE FIRST PERIOD OF 30 DAYS .
33 THE COMMISSION , ON THE OTHER HAND , ASSUMES THAT THAT PROVISION PROVIDES FOR ONLY ONE 30-DAY PERIOD WHICH IS BOTH AN EXTRA PERIOD WITHIN WHICH THE BUTTER MAY BE PROCESSED AND A PERIOD WITHIN WHICH THE REQUEST MUST BE SUBMITTED . IT TAKES THE VIEW THAT THE COURT HAS ALREADY RULED ON THE QUESTION RAISED BY THE NATIONAL COURT WHEN IT HELD THE PROVISION IN QUESTION VALID IN FROMANCAIS . IN ANY CASE , THE CONSIDERATIONS ON WHICH THE COURT BASED ITS ANSWER IN THAT CASE ARE JUST AS VALID IN THIS CASE SINCE THE PURPOSE OF ALL THE PROVISIONS OF ARTICLE 19 IS TO PREVENT TENDERERS WHO ACQUIRE BUTTER AT A REDUCED PRICE FROM ACCUMULATING STOCKS FOR SPECULATIVE PURPOSES . THE COMMISSION ALSO CONTENDS THAT , IRRESPECTIVE OF THE PURELY ADMINISTRATIVE INTEREST IN KEEPING THE BURDEN OF SUPERVISION WITHIN CERTAIN LIMITS , THE LOSS OF THE SECURITY WHERE THE SUPPLEMENTARY PERIOD OF 30 DAYS HAS BEEN EXCEEDED MUST BE REGARDED AS AN INSEPARABLE ELEMENT OF THE PROCESSING OBLIGATION .
34 IN ITS ORAL OBSERVATIONS THE OFFICE BELGE ALSO SUBMITS THAT THE PROVISION IN QUESTION IS VALID . IT CONSIDERS THAT CORMAN ' S ARGUMENTS ON THIS POINT CONFLICT IN PARTICULAR WITH ARTICLE 10 OF REGULATION NO 232/75 WHICH , BY PROVIDING THAT THE SUCCESSFUL TENDERER ' S OBLIGATIONS ARE NOT TRANSFERABLE , OBLIGES HIM TO ENDEAVOUR