THE BUTTER , LAY DOWN CLEARLY THE CONDITION THAT , SO LONG AS THE BUTTER HAS NOT BEEN EXPORTED , THE FIRST PURCHASER OF THE BUTTER FROM STORAGE , WHO HAS IN THE MEANTIME RESOLD IT , MAY NOT RECOVER HIS SECURITY BUT , SAVE IN CASES OF FORCE MAJEURE , IS LIABLE FOR THE ACTS OF THE PERSON WITH WHOM HE HAS ENTERED INTO AN AGREEMENT .
8 FOR THOSE REASONS IT IS NECESSARY TO REPLY THAT REGULATION NO 1308/68 OF THE COMMISSION MUST BE INTERPRETED TO MEAN THAT WHERE THE PURCHASER OF BUTTER FROM STORAGE DOES NOT HIMSELF EXPORT THE BUTTER BUT RESELLS IT TO A THIRD PARTY FOR EXPORT HE IS LIABLE FOR ANY WRONGFUL ACT ON THE PART OF THE OTHER CONTRACTING PARTY AND CAN RECOVER HIS SECURITY ONLY IF THE BUTTER IS ACTUALLY EXPORTED WITHIN THE PERIOD PRESCRIBED BY THE REGULATION .
THE SECOND PROBLEM
9 THE QUESTIONS SUBMITTED ALSO RAISE THE PROBLEM WHETHER A PURCHASER OF BUTTER FROM STORAGE WHO HAS TRANSFERRED IT TO A THIRD PARTY IN ORDER TO HAVE IT EXPORTED CAN , IF SUCH EXPORTATION BECOMES IMPOSSIBLE AS A RESULT OF CRIMINAL CONDUCT ON THE PART OF A DULY AUTHORIZED AGENT OF THAT THIRD PARTY AND TO ITS DETRIMENT , FREE HIMSELF OF HIS OBLIGATION TO THE INTERVENTION AGENCY REGARDING THE PRESCRIBED DESTINATION OF THE GOODS AND RECOVER HIS SECURITY IN RELIANCE ON THE PRINCIPLE OF FORCE MAJEURE EMBODIED IN THE FIRST SUBPARAGRAPH OF ARTICLE 4 ( 3 ) OF REGULATION NO 1308/68 .
10 THE OBJECTIVES AND THE PROVISIONS OF THE RELEVANT AGRICULTURAL LEGISLATION SHOW THAT THE CONCEPT OF FORCE MAJEURE WITHIN THE MEANING OF THE SAID FIRST SUBPARAGRAPH OF ARTICLE 4 ( 3 ) MUST BE UNDERSTOOD AS REFERRING TO ABSOLUTE IMPOSSIBILITY CAUSED BY ABNORMAL CIRCUMSTANCES UNRELATED TO THE PURCHASER OF THE BUTTER FROM STORAGE , THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EXCEPT AT THE COST OF EXCESSIVE SACRIFICES , DESPITE THE EXERCISE OF ALL DUE CARE . WHILST REGULATION NO 1308/68 DOES NOT CONTAIN ANY PROVISIONS FORMALLY PROHIBITING THE RESALE OF BUTTER FROM STORAGE THE FACT NONE THE LESS REMAINS THAT THE NATURE OF THE OPERATIONS NECESSARY FOR THE EXPORTATION OF THE PRODUCT AS PRESCRIBED , WHICH DO NOT CALL FOR THE INTERVENTION OF SPECIALIZED UNDERTAKINGS , AND THE SHORTNESS OF THE PERIOD ALLOWED FOR THE EXPORTATION SHOW THAT UNDER THE SYSTEM SET UP BY REGULATION NO 1308/68 THE BUTTER SOLD BY THE INTERVENTION AGENCY WAS NOT NORMALLY INTENDED TO FORM THE SUBJECT-MATTER OF SUBSEQUENT COMMERCIAL TRANSACTIONS WITHIN THE COMMUNITY . IF , IN SPITE OF THE BACKGROUND OF THOSE PROVISIONS , THE FIRST PURCHASER OF THE BUTTER FROM STORAGE DECIDES TO RESELL IT TO A THIRD PARTY FOR THE PURPOSES OF EXPORTATION HE THEREBY UNDERTAKES , WITH REGARD TO THE AGRICULTURAL INTERVENTION AGENCY , ALL THE RISKS WHICH A DILIGENT TRADER CAN AND SHOULD REASONABLY FORESEE IN THE CONTEXT OF THAT TRANSACTION , INCLUDING THAT OF MISAPPROPRIATION OF THE BUTTER THROUGH THE FRAUDULENT CONDUCT