TO QUESTION 1 WHETHER THE ERROR IN THE CONTENTS OF THE CONTROL COPY AROSE FROM THE FAILURE OF THE CUSTOMS AUTHORITIES TO CARRY OUT A CHECK ON SUBSEQUENT PURCHASERS?
( 3)IS IT RELEVANT TO THE REPLY WHETHER THE UNDERTAKING WHICH BOUGHT THE BUTTER FROM THE INTERVENTION AGENCY ACTED IN GOOD FAITH AS REGARDS USING THE BUTTER IN ACCORDANCE WITH THE RELEVANT PROVISIONS AT THE TIME WHEN THE PROCESSING SECURITY WAS RELEASED?
( 4)IS IT RELEVANT TO THE REPLY THAT THE PURCHASER HAD PREVIOUSLY OBTAINED THE RELEASE OF THE PROCESSING SECURITY , IN CONNECTION WITH THE RESALE OF BUTTER , ON THE BASIS OF CONTROL COPIES WHOSE CONTENTS WERE ERRONEOUS?
( 5)ARE THE CIRCUMSTANCES MENTIONED IN QUESTIONS 1 TO 4 RELEVANT TO THE DEFENCE OF FORCE MAJEURE CONTAINED IN ARTICLE 18 ( 2 ) OF REGULATION NO 232/75?
( 6)IF THE REPLIES TO THE ABOVE QUESTIONS MEAN THAT THE PURCHASER IS NOT RELEASED FROM HIS OBLIGATIONS , MUST A MEMBER STATE REQUIRE THE PURCHASER TO PAY TO THE INTERVENTION AGENCY THE DIFFERENCE BETWEEN THE PRICE PREVIOUSLY PAID AND THE INTERVENTION PRICE ON THE DAY WHEN THE PURCHASER SUBMITTED HIS TENDER?
( 7)IF THE ANSWER TO QUESTION 6 IS NOT IN THE AFFIRMATIVE , IS IT CONTRARY TO COMMUNITY LAW IF THE PROVISIONS OF THE MEMBER STATE ' S DOMESTIC LAW ON THE SALE OF GOODS BRING ABOUT THE EFFECT IN LAW WHICH IS MENTIONED IN QUESTION 6?
( 8)IF IT IS HELD THAT THE PURCHASER IS NOT RELEASED FROM HIS OBLIGATIONS , DOES IT FOLLOW FROM COMMUNITY LAW , INCLUDING CONSIDERATIONS OF LEGAL CERTAINTY , THAT EVEN THE CIRCUMSTANCE THAT THE PROCESSING SECURITY HAS BEEN RELEASED ITSELF EXCLUDES A CLAIM AGAINST THE PURCHASER?
( 9)IF THE PROCESSING SECURITY WAS RELEASED ON THE BASIS OF A CONTROL DOCUMENT , THE CONTENTS OF WHICH WERE ERRONEOUS IN THE CIRCUMSTANCES RELATED ABOVE , DOES COMMUNITY LAW CONTAIN RULES AS TO THE PARTY ON WHOM THE BURDEN OF PROOF RESTS IN ESTABLISHING WHETHER THE BUTTER PURCHASED WAS USED IN ACCORDANCE WITH THE RELEVANT PROVISIONS?
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QUESTIONS 1 TO 5
11 THE FIRST FIVE QUESTIONS SHOULD BE DEALT WITH TOGETHER BECAUSE IN SUBSTANCE THEY ARE ALL DESIGNED TO ASCERTAIN WHETHER THE RESPONSIBILITY OF THE PERSON WHO BUYS BUTTER AT A REDUCED PRICE ( HEREINAFTER REFERRED TO AS ' THE SUCCESSFUL TENDERER ' ) TO HAVE THE BUTTER PROCESSED INTO CERTAIN SPECIFIC PRODUCTS CONTINUES TO EXIST AFTER THE PROCESSING SECURITY DEPOSITED BY HIM HAS BEEN RELEASED OR WHETHER THE RELEASE OF THE SECURITY MEANS THAT THE SUCCESSFUL TENDERER IS DISCHARGED FROM HIS OBLIGATIONS .
12 THOSE QUESTIONS ARE ALSO DESIGNED TO ASCERTAIN WHETHER THE VARIOUS CIRCUMSTANCES SET OUT BELOW MAY BE RELEVANT TO THE REPLY TO BE GIVEN TO THE QUESTION SET FORTH ABOVE OR MAY CONSTITUTE A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 :
( I ) THE FACT THAT THE SECURITY WAS RELEASED AFTER THE AUTHORITIES OF A MEMBER STATE HAD ISSUED A CONTROL