RULES OF GERMAN CIVIL LAW ON THE CANCELLATION OF DECLARATIONS OF INTENT ON THE GROUND OF ERROR . THE INTERVENTION AGENCY BROUGHT A FURTHER APPEAL AGAINST THAT DECISION TO THE BUNDESVERWALTUNGSGERICHT ; THAT COURT SUBMITTED TO THE COURT OF JUSTICE THE FOLLOWING QUESTIONS :
1 . MUST THE QUESTION WHETHER AN APPLICATION FOR THE GRANT OF AN IMPORT LICENCE UNDER THE FIRST SENTENCE OF ARTICLE 16 ( 1 ) OF REGULATION NO 19/62/EEC CAN BE CANCELLED AND WHAT THE EFFECTS OF SUCH CANCELLATION ARE BE DECIDED ACCORDING TO NATIONAL LAW?
2 . IN THE EVENT OF QUESTION 1 BEING ANSWERED IN THE NEGATIVE : CAN SUCH AN APPLICATION BE CANCELLED UNDER EEC LAW ON THE GROUND OF ERROR AND IF SO CAN THIS BE DONE EVEN WHERE THE ERROR IS THE FAULT OF THE APPLICANT?
3 . IN THE EVENT OF QUESTION 2 BEING ANSWERED IN THE AFFIRMATIVE : WHAT LEGAL CONSEQUENCES HAS SUCH CANCELLATION ON THE FORFEITURE OF THE SECURITY WHICH THE APPLICANT HAS TO LODGE UNDER THE SECOND SENTENCE OF ARTICLE 16 ( 2 ) OF REGULATION NO 19/62/EEC TO GUARANTEE THE OBLIGATION TO IMPORT WHILE THE LICENCE IS VALID?
4THE QUESTIONS RAISED BY THE BUNDESVERWALTUNGSGERICHT MUST BE SETTLED WITHIN THE CONTEXT OF THE SYSTEM ESTABLISHED BY REGULATIONS NOS 19 AND 130 ON THE ORGANIZATION OF THE MARKET IN CEREALS .
5AS REGARDS INTRA-COMMUNITY TRADE , REGULATION NO 19 ESTABLISHED A SYSTEM OF LEVIES LINKED , ACCORDING TO ARTICLE 16 , TO THE GRANT OF AN IMPORT LICENCE . THE GRANT OF THAT LICENCE IS MADE SUBJECT , UNDER ARTICLE 16 ( 2 ) OF THAT REGULATION , TO THE LODGING OF A SECURITY WHICH GUARANTEES THE UNDERTAKING TO CARRY OUT THE IMPORTATION DURING THE PERIOD OF VALIDITY OF THE LICENCE AND WHICH IS FORFEIT IF THE IMPORTATION IS NOT CARRIED OUT WITHIN THAT PERIOD . UNDER ARTICLE 17 OF REGULATION NO 19/62/EEC , THE AMOUNT OF THE LEVY IS , IN THE CASE OF EACH IMPORTATION , THE LEVY APPLICABLE ON THE DATE ON WHICH THE IMPORTATION IS CARRIED OUT . IN DEROGATION FROM THAT PRINCIPLE , ARTICLE 17 ( 2 ) PROVIDED FOR THE POSSIBILITY OF FIXING IN ADVANCE THE AMOUNT OF THE LEVY FOR CEREALS IMPORTED FROM THIRD COUNTRIES ( A SYSTEM CALLED ' ' ADVANCE FIXING ' ' ).
6REGULATION NO 130/62/EEC SUBSEQUENTLY EXTENDED THAT OPTION TO IMPORTS OF CERTAIN CEREALS IN INTRA-COMMUNITY TRADE . FOR THIS PURPOSE , ARTICLE 2 OF THAT REGULATION PROVIDES THAT THE LEVY APPLICABLE WHERE THOSE CEREALS , INCLUDING BARLEY , ARE IMPORTED FROM MEMBER STATES ' ' IS FIXED IN ADVANCE UPON REQUEST TO BE MADE BY THE PERSON CONCERNED WHEN THE APPLICATION FOR THE LICENCE IS LODGED IN THE CASE OF AN IMPORTATION TO BE CARRIED OUT DURING THE PERIOD OF VALIDITY OF THAT LICENCE ' ' .
7IT FOLLOWS FROM A COMPARISON OF ARTICLE 17 OF REGULATION NO 19/62/EEC , THE BASIC REGULATION , WITH THE ABOVE-MENTIONED PROVISION OF REGULATION NO 130/62/EEC THAT THE GENERAL RULE