AS AN INJUSTICE .
27 THOSE CONSIDERATIONS PROVIDE A SUFFICIENT BASIS FOR ANSWERING QUESTION 2 . HOWEVER , SINCE IN ITS ORDER REQUESTING A PRELIMINARY RULING THE VERWALTUNGSGERICHT HAS EXPRESSLY DESCRIBED THE PRINCIPLE OF OBJECTIVE UNFAIRNESS AS A PARTICULAR EMBODIMENT OF THE PRINCIPLE OF PROPORTIONALITY , THE COURT MUST EXAMINE WHETHER THE RESULT PROPOUNDED BY THE VERWALTUNGSGERICHT MAY BE FOUNDED ON THE PRINCIPLE OF PROPORTIONALITY IN THE FORM RECOGNIZED IN COMMUNITY LAW .
28 THE QUESTION TO BE EXAMINED IN THIS REGARD IS WHETHER THE FORFEITURE OF THE SECURITY IN CIRCUMSTANCES SUCH AS THOSE DESCRIBED IN THE ORDER FOR REFERENCE IS A MEASURE DISPROPORTIONATE TO THE LEGITIMATE AIM OF THE RULES GOVERNING SECURITIES .
29 AS IS CLEAR IN PARTICULAR FROM THE NINTH RECITAL IN THE PREAMBLE TO REGULATION NO 2173/79 , THE AIM OF THE RULES REQUIRING A SECURITY TO BE LODGED IN THE CONTEXT OF THE DISPOSAL OF BEEF BOUGHT IN BY INTERVENTION AGENCIES IS TO GUARANTEE THE PERFORMANCE BY THE BUYER OF THE CONTRACTUAL OBLIGATIONS ARISING FROM HIS PURCHASE APPLICATION AND OBSERVANCE OF THE CONDITIONS OF SALE LAID DOWN IN THE REGULATIONS IN QUESTION . ONE OF THOSE CONDITIONS IS THE PAYMENT IN NATIONAL CURRENCY OF THE SALE PRICE FIXED IN ADVANCE IN ECU CONVERTED AT THE GREEN RATE IN FORCE ON THE DAY ON WHICH THE SECURITY SUPPORTING THE PURCHASE APPLICATION WAS RECEIVED .
30 ACCORDING TO REGULATION NO 713/81 , THE SALE IN QUESTION BEGAN ON 30 MARCH 1981 AND WAS TO END ON 30 APRIL 1981 OR EARLIER IF STOCKS WERE EXHAUSTED ; THE ORDER OF PRIORITY OF PURCHASE APPLICATIONS WAS DETERMINED BY THE DAY ON WHICH THE SUPPORTING SECURITIES WERE LODGED . ON 23 MARCH 1981 ADJUSTMENTS HAD ALREADY BEEN MADE TO THE CENTRAL RATES OF THE COMMUNITY CURRENCIES AND IN ALL PROBABILITY OTHER CHANGES WOULD FOLLOW FROM THE BEGINNING OF THE NEW BEEF MARKETING YEAR ON 6 APRIL .
31 THE COMMUNITY REGULATIONS THUS OFFERED THE PRUDENT TRADER A CHOICE . HE COULD EITHER LODGE HIS PURCHASE APPLICATION AND SECURITY AT ONCE , ON THE BASIS OF THE PREVAILING GREEN RATE , AND RUN THE RISK THAT THE RATE WOULD BE ADJUSTED TO THE ADVANTAGE OF COMPETITORS WHO SUBMITTED THEIR APPLICATION AFTER IT WAS ADJUSTED , OR HE COULD HIMSELF WAIT FOR IT TO BE ADJUSTED AND RUN THE RISK THAT STOCKS MIGHT BY THAT TIME BE EXHAUSTED BY HIS COMPETITORS ' APPLICATIONS .
32 IF , HAVING MADE HIS FREE CHOICE , A TRADER REFUSES TO ACCEPT THE GOODS ON THE CONDITIONS OF SALE ENTAILED THEREBY , THE FORFEITURE OF THE SECURITY , THE PURPOSE OF WHICH IS PRECISELY TO ENSURE THAT THOSE CONDITIONS ARE COMPLIED WITH , CANNOT BE REGARDED AS DISPROPORTIONATE .
33 IT FOLLOWS THAT IN CIRCUMSTANCES SUCH AS THOSE DESCRIBED IN THE ORDER FOR REFERENCE THE PRINCIPLE OF PROPORTIONALITY RECOGNIZED IN COMMUNITY LAW CANNOT PROVIDE ANY SOLUTION TO THE DISPUTE PENDING BEFORE THE VERWALTUNGSGERICHT . IN ORDER TO ANSWER THE SECOND QUESTION REFERRED TO THE COURT IT