THE USE OF COMMUNITY TRANSIT DOCUMENTS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1969 ( II ), P . 515 ).
5 THE CORMAN COMPANY BOUGHT BUTTER FROM THE DIREKTORATET FOR MARKEDSORDNINGERNE . AFTER THE BUTTER HAD BEEN PROCESSED INTO CONCENTRATED BUTTER IN BELGIUM , CORMAN DEPOSITED A PROCESSING SECURITY WITH THE OFFICE BELGE DE L ' ECONOMIE ET DE L ' AGRICULTURE . IT SUBSEQUENTLY SOLD THE BUTTER IN THE FEDERAL REPUBLIC OF GERMANY TO THE UNDERTAKING SAHNE-HEINRICH WHICH IN ITS TURN RE-SOLD THE BUTTER TO THE UNDERTAKING SCHEUNEMANN WHICH SOLD IT TO VARIOUS BUYERS .
6 THE PROCESSING SECURITY WAS RELEASED BY THE OFFICE BELGE DE L ' ECONOMIE ET DE L ' AGRICULTURE ON THE BASIS OF T5 CONTROL DOCUMENTS BEARING AN ATTESTATION OF THE GERMAN CUSTOMS AUTHORITIES THAT THE BUTTER HAD BEEN USED FOR ITS PRESCRIBED PURPOSE .
7 DURING A SUBSEQUENT INSPECTION IT WAS DISCOVERED THAT THE BUTTER HAD NOT BEEN USED FOR ITS INTENDED PURPOSE . THE ATTESTATION ON THE T5 DOCUMENTS WAS THEREFORE WRONG .
8 FOLLOWING THAT DISCOVERY THE DIREKTORATET FOR MARKEDSORDNINGERNE APPLIED TO THE OESTRE LANDSRET ON 18 JANUARY 1980 FOR AN ORDER REQUIRING CORMAN TO PAY IT AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE PRICE PAID BY CORMAN AND THE INTERVENTION PRICE ON THE DAY ON WHICH THE TENDER WAS SUBMITTED PLUS THE STATUTORY INTEREST DUE ON THAT AMOUNT . ITS MAIN SUBMISSION WAS THAT THE OBLIGATION TO PAY THAT AMOUNT AROSE DIRECTLY FROM THE TERMS OF THE CONTRACT ENTERED INTO AND AS AN ALTERNATIVE SUBMISSION IT ARGUED THAT THAT AMOUNT CONSTITUTED COMPENSATION FOR THE LOSS CAUSED BY THE FAILURE TO OBSERVE THE CONDITIONS LAID DOWN IN THE CONTRACT .
9 CORMAN , ON THE OTHER HAND , CONTENDED IN PARTICULAR THAT IT HAD ACTED IN ACCORDANCE WITH THE COMMUNITY REGULATIONS AND IN GOOD FAITH . IT ALSO ARGUED THAT THERE WAS A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 ( 2 ) OF REGULATION NO 232/75 BECAUSE THE LACK OF SUPERVISION BY THE GERMAN CUSTOMS AUTHORITIES HAD MADE IT IMPOSSIBLE FOR IT IN PRACTICE TO PRODUCE ANY FORM OF PROOF .
10 IN ORDER TO RESOLVE THE DISPUTE THE OESTRE LANDSRET STAYED THE PROCEEDINGS AND REQUESTED THE COURT TO GIVE A PRELIMINARY RULING ON THE FOLLOWING QUESTIONS :
' ( 1 ) IS IT IN ACCORDANCE WITH THE PROVISIONS OF COMMUNITY LAW , IN PARTICULAR REGULATION ( EEC ) NO 232/75 OF THE COMMISSION , THAT A PURCHASER OF BUTTER WHO HAS GIVEN AN UNDERTAKING TO COMPLY WITH THE CONDITIONS RELATING TO FORMULA A IN ARTICLE 6 ( 1 ) ( C ) OF THAT REGULATION IS DISCHARGED FROM HIS OBLIGATIONS WHEN THE PROCESSING SECURITY WHICH HE HAS PROVIDED IS RELEASED ON THE BASIS OF A CONTROL COPY WHICH IS IN THE FORM REQUIRED BY ARTICLE 18 ( 2 ) OF THE REGULATION BUT THE CONTENTS OF WHICH ARE SUBSEQUENTLY PROVED TO CONTAIN AN ERROR?
( 2)IS IT RELEVANT TO THE ANSWER TO BE GIVEN