ON 27 MARCH WHEN THE PLAINTIFF SUBMITTED ITS PURCHASE APPLICATION AND LODGED ITS SECURITY . IT WAS NOT UNTIL 1 APRIL , WHEN IT ADOPTED REGULATION NO 850/81 , WHICH WAS PUBLISHED IN THE OFFICIAL JOURNAL ON 4 APRIL AND ENTERED INTO EFFECT FOR THE BEEF SECTOR ON 6 APRIL , THAT THE COUNCIL ADJUSTED THE GREEN RATES TO THE CENTRAL RATES WHICH HAD BEEN CHANGED WITHIN THE EUROPEAN MONETARY SYSTEM . AS A RESULT OF THAT ADJUSTMENT , THE EQUIVALENT VALUE OF THE PRICE FIXED IN ECU FOR THE MEAT FOR WHICH THE PLAINTIFF HAD SUBMITTED A PURCHASE APPLICATION FELL FROM DM 10 112.68 TO DM 9 763.01 PER TONNE .
7 ON 7 APRIL 1981 , THE DAY AFTER THE NEW GREEN RATES ENTERED INTO FORCE , THE BUNDESANSTALT SENT THE PLAINTIFF A ' CONFIRMATION OF SALE ' AT THE PRICE ON WHICH THE PLAINTIFF HAD BASED ITS APPLICATION , NAMELY DM 10 112.68 PER TONNE .
8 SINCE THE NEW GREEN RATE FOR THE GERMAN MARK WAS TO THE ADVANTAGE OF THE PLAINTIFF ' S COMPETITORS WHO HAD SUBMITTED THEIR PURCHASE APPLICATIONS AFTER 6 APRIL 1981 , THE PLAINTIFF DECIDED THAT IF IT REMAINED BOUND BY THE ORIGINAL CONDITIONS OF SALE IT HAD NO CHANCE OF SELLING THE MEAT ON THE GERMAN MARKET WITHOUT MAKING A LOSS . IT THEREFORE GAVE NOTICE TO THE BUNDESANSTALT THAT IT WOULD NOT MEET ITS OBLIGATIONS TO TAKE DELIVERY OF AND PAY FOR THE BEEF . IT ALSO SUBMITTED A NEW PURCHASE APPLICATION WHICH THE BUNDESANSTALT ACCEPTED . NEVERTHELESS , THE BUNDESANSTALT DECLARED THE SECURITY FORFEIT PURSUANT TO ARTICLE 16 ( 2 ) OF REGULATION NO 2173/79 ON THE GROUND THAT THE PLAINTIFF HAD NOT PAID THE SUMS IT WAS OBLIGED TO PAY AS A RESULT OF ITS FIRST APPLICATION .
9 THE PLAINTIFF THEN BROUGHT AN ACTION BEFORE THE VERWALTUNGSGERICHT TO RECOVER THE SECURITY . THAT COURT TOOK THE VIEW THAT , ACCORDING TO ARTICLE 16 ( 2 ) OF REGULATION NO 2173/79 , THE BUNDESANSTALT HAD RIGHTLY DECLARED THE SECURITY FORFEIT BUT ALSO THAT THERE WERE GROUNDS FOR IT TO BE RETURNED . IN ORDER TO RESOLVE THE ISSUE THE VERWALTUNGSGERICHT HAS SUBMITTED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
( 1 ) MUST THE FIFTH RECITAL IN THE PREAMBLE TO COUNCIL REGULATION ( EEC ) NO 850/81 OF 1 APRIL 1981 AMENDING REGULATION ( EEC ) NO 878/77 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE BE CONSTRUED AS MEANING THAT WHEN ALTERING THE EXCHANGE RATES THE COUNCIL ALSO INTENDED TO AVOID HARDSHIP CAUSED TO PERSONS BUYING COMMODITIES FROM INTERVENTION AGENCIES UNDER COMMISSION REGULATION ( EEC ) NO 713/81 OF 19 MARCH 1981 OWING TO THE FACT THAT THEY LODGED THEIR PURCHASE APPLICATIONS BEFORE 6 APRIL 1981 AND AS A RESULT HAVE TO PAY A HIGHER PRICE THAN THEIR COMPETITORS WHO SUBMITTED APPLICATIONS AFTER 6 APRIL 1981?
( 2)THERE A GENERAL PRINCIPLE OF OBJECTIVE UNFAIRNESS ( SACHLICHE UNBILLIGKEIT ) IN COMMUNITY LAW SO