TO CERTAIN STRUCTURAL PRINCIPLES OF NATIONAL CONSTITUTIONAL LAW WHICH MUST BE PROTECTED WITHIN THE FRAMEWORK OF COMMUNITY LAW, WITH THE RESULT THAT THE PRIMACY OF SUPRANATIONAL LAW MUST YIELD BEFORE THE PRINCIPLES OF THE GERMAN BASIC LAW . MORE PARTICULARLY, THE SYSTEM OF DEPOSITS RUNS COUNTER TO THE PRINCIPLES OF FREEDOM OF ACTION AND OF DISPOSITION, OF ECONOMIC LIBERTY AND OF PROPORTIONALITY ARISING IN PARTICULAR FROM ARTICLES 2 ( 1 ) AND 14 OF THE BASIC LAW . THE OBLIGATION TO IMPORT OR EXPORT RESULTING FROM THE ISSUE OF THE LICENCES, TOGETHER WITH THE DEPOSIT ATTACHING THERETO, CONSTITUTES AN EXCESSIVE INTERVENTION IN THE FREEDOM OF DISPOSITION IN TRADE, AS THE OBJECTIVE OF THE REGULATIONS COULD HAVE BEEN ATTAINED BY METHODS OF INTERVENTION HAVING LESS SERIOUS CONSEQUENCES .
THE PROTECTION OF FUNDAMENTAL RIGHTS IN THE COMMUNITY LEGAL SYSTEM
3 RECOURSE TO THE LEGAL RULES OR CONCEPTS OF NATIONAL LAW IN ORDER TO JUDGE THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY WOULD HAVE AN ADVERSE EFFECT ON THE UNIFORMITY AND EFFICACY OF COMMUNITY LAW . THE VALIDITY OF SUCH MEASURES CAN ONLY BE JUDGED IN THE LIGHT OF COMMUNITY LAW . IN FACT, THE LAW STEMMING FROM THE TREATY, AN INDEPENDENT SOURCE OF LAW, CANNOT BECAUSE OF ITS VERY NATURE BE OVERRIDDEN BY RULES OF NATIONAL LAW, HOWEVER FRAMED, WITHOUT BEING DEPRIVED OF ITS CHARACTER AS COMMUNITY LAW AND WITHOUT THE LEGAL BASIS OF THE COMMUNITY ITSELF BEING CALLED IN QUESTION . THEREFORE THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFECT WITHIN A MEMBER STATE CANNOT BE AFFECTED BY ALLEGATIONS THAT IT RUNS COUNTER TO EITHER FUNDAMENTAL RIGHTS AS FORMULATED BY THE CONSTITUTION OF THAT STATE OR THE PRINCIPLES OF A NATIONAL CONSTITUTIONAL STRUCTURE .
4 HOWEVER, AN EXAMINATION SHOULD BE MADE AS TO WHETHER OR NOT ANY ANALOGOUS GUARANTEE INHERENT IN COMMUNITY LAW HAS BEEN DISREGARDED . IN FACT, RESPECT FOR FUNDAMENTAL RIGHTS FORMS AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW PROTECTED BY THE COURT OF JUSTICE . THE PROTECTION OF SUCH RIGHTS, WHILST INSPIRED BY THE CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES, MUST BE ENSURED WITHIN THE FRAMEWORK OF THE STRUCTURE AND OBJECTIVES OF THE COMMUNITY . IT MUST THEREFORE BE ASCERTAINED, IN THE LIGHT OF THE DOUBTS EXPRESSED BY THE VERWALTUNGSGERICHT, WHETHER THE SYSTEM OF DEPOSITS HAS INFRINGED RIGHTS OF A FUNDAMENTAL NATURE, RESPECT FOR WHICH MUST BE ENSURED IN THE COMMUNITY LEGAL SYSTEM .
THE FIRST QUESTION ( LEGALITY OF THE SYSTEM OF DEPOSITS )
5 BY THE FIRST QUESTION THE VERWALTUNGSGERICHT ASKS WHETHER THE UNDERTAKING TO EXPORT BASED ON THE THIRD SUBPARAGRAPH OF ARTICLE 12 ( 1 ) OF REGULATION NO 120/67, THE LODGING OF A DEPOSIT WHICH ACCOMPANIES THAT UNDERTAKING AND FORFEITURE OF THE DEPOSIT SHOULD EXPORTATION NOT OCCUR DURING THE PERIOD OF VALIDITY OF THE EXPORT LICENCE COMPLY WITH THE LAW .
6 ACCORDING TO THE TERMS OF THE THIRTEENTH RECITAL OF THE PREAMBLE TO REGULATION NO 120/67, " THE COMPETENT AUTHORITIES MUST BE IN A POSITION