ACTING FOR AND RESPONSIBLE FOR THE ACTIONS OF THE PLAINTIFF ( DIRECTORS AND SHAREHOLDERS ) OF THE PREVIOUS CONVICTIONS OF THAT DULY AUTHORIZED AGENT AT TIME OF HIS APPOINTMENT AS SUCH OR AFTERWARDS RELEVANT AS REGARDS THE DUTY TO TAKE CARE?
2 . MUST THE PRINCIPLES LAID DOWN IN THE JUDGMENT OF THE COURT OF JUSTICE OF 11 MAY 1977 IN JOINED CASES 99 AND 100/76 ALSO BE APPLIED , IN ADDITION TO THEIR APPLICATION TO REGULATION NO 1259/72 WHICH IS THE BASIS OF THAT CASE , TO THE REGULATION MENTIONED IN ( 1 ) ABOVE IN SUCH A WAY THAT THE PLAINTIFF MUST BE LIABLE FOR A WRONGFUL ACT ON THE PART OF THE UNDERTAKING WITH WHICH IT HAS ENTERED INTO AN AGREEMENT?
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4 THOSE QUESTIONS , TAKEN TOGETHER BASICALLY RAISE TWO PROBLEMS : THE FIRST PRELIMINARY POINT IS WHETHER REGULATION NO 1308/68 OF THE COMMISSION OF 28 AUGUST 1968 MUST BE INTERPRETED TO MEAN THAT A PURCHASER OF BUTTER FROM PUBLIC STORAGE AT A REDUCED PRICE CAN , WHEN RESELLING THAT BUTTER TO A THIRD PARTY FOR EXPORTATION , TRANSFER TO THE THIRD PARTY THE OBLIGATIONS ENTERED INTO BY THE PURCHASER VIS-A-VIS THE AGRICULTURAL INTERVENTION AGENCY OR IF ON THE OTHER HAND THE PURCHASER REMAINS RESPONSIBLE TO THAT AGENCY WITH REGARD TO THE PRESCRIBED USE OF THE GOODS AND IS ACCORDINGLY LIABLE FOR ANY WRONGFUL CONDUCT ON THE PART OF THE UNDERTAKING WITH WHICH HE HAS ENTERED INTO AN AGREEMENT . THE SECOND PROBLEM IS , MORE PARTICULARLY , WHETHER , WHERE THE EXPORTATION OF THE BUTTER RESOLD TO A THIRD PARTY IS RENDERED IMPOSSIBLE BY CRIMINAL OFFENCES COMMITTED BY A DULY AUTHORIZED AGENT OF THAT THIRD PARTY IN THE CIRCUMSTANCES SET OUT BY THE NATIONAL COURT , THE FIRST PURCHASER OF THE BUTTER CAN RELY ON THE PRINCIPLE OF FORCE MAJEURE EMBODIED IN REGULATION NO 1308/68 RECOVER HIS SECURITY .
THE FIRST PROBLEM
5 THE COURT OF JUSTICE , IN ITS JUDGMENT OF 11 MAY 1977 ( JOINED CASES 99 AND 100/76 ' ' DE BESTE BOTER ' ' AND HOCHE ( 1977 ) ECR 861 ) CONCERNING THE INTERPRETATION OF REGULATION ( EEC ) NO 1259/72 OF THE COMMISSION OF 16 JUNE 1972 ON THE DISPOSAL OF BUTTER AT A REDUCED PRICE TO CERTAIN COMMUNITY PROCESSING UNDERTAKINGS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1972 ( II ), P . 559 ) RULED THAT THE EFFECTIVENESS OF THE ARRANGEMENTS ESTABLISHED BY THAT REGULATION , WHICH PROVIDES FOR THE SALE OF BUTTER FROM STORAGE AT A REDUCED PRICE TO CERTAIN UNDERTAKINGS ON CONDITION THAT THEY GIVE AN UNDERTAKING GUARANTEED BY A SECURITY THAT THEY WILL PROCESS THAT BUTTER OR HAVE IT PROCESSED INTO CERTAIN FOODSTUFFS , WOULD BE ' ' SERIOUSLY COMPROMISED IF THE ACCEPTANCE OF AN OBLIGATION TO PROCESS BY A SUBSEQUENT PURCHASER WHO WAS NOT HIMSELF UNDER ANY LEGAL OBLIGATION TO THE COMPETENT AUTHORITY WERE REGARDED AS SUFFICIENTLY DISCHARGING AN UNDERTAKING ENTERED INTO BY THE SUCCESSFUL TENDERER AGAINST A DEPOSIT ' ' .