OF REGULATION NO 649/78 .
3 ACCORDING TO THE PREAMBLE TO REGULATION NO 649/78 , THE AIM OF THAT REGULATION IS TO PROMOTE THE SALE OF INTERVENTION BUTTER BY MAKING AVAILABLE TO CONSUMERS CONCENTRATED BUTTER FOR USE IN FOOD PREPARATION ; AT THE SAME TIME IT SEEKS TO ENSURE THAT SUCH BUTTER IS NOT DIVERTED FROM ITS INTENDED USE IN SUCH A WAY AS TO CREATE DISTURBANCES OF THE BUTTER MARKET .
4 IN ORDER TO ENSURE THAT AT ALL THE MARKETING STAGES A PROPER DISTINCTION IS MADE BETWEEN THE INTERVENTION BUTTER SOLD AND OTHER BUTTER ON THE COMMUNITY MARKET , REGULATION NO 649/78 PROVIDES THAT THE PURCHASER MUST HAVE THE BUTTER CONCENTRATED AND PACKED IN ACCORDANCE WITH THE SPECIFIC REQUIREMENTS LAID DOWN WITHIN FOUR WEEKS OF TAKING DELIVERY . THE PURCHASER MUST LODGE A SECURITY GUARANTEEING THAT THAT OBLIGATION WILL BE FULFILLED . EXCEPT IN CASES OF FORCE MAJEURE , THAT SECURITY IS RELEASED ONLY IN RESPECT OF THE QUANTITY OF BUTTER WHICH HAS BEEN PROCESSED AND PACKED IN ACCORDANCE WITH THE REGULATION .
5 ACCORDING TO THE THIRD INDENT OF ARTICLE 5 ( 1 ) OF REGULATION NO 649/78 , IN THE VERSION IN FORCE AT THE MATERIAL TIME , ' CONCENTRATED BUTTER MUST . . . BE MARKETED IN PLASTIC PACKS OF NOT MORE THAN 250 GRAMS , THE FORM OF WHICH MAKES IT POSSIBLE TO DISTINGUISH BETWEEN CONCENTRATED BUTTER AND ORDINARY BUTTER , BEARING ON THE UPPER SURFACE IN LETTERS AT LEAST 5 MILLIMETRES HIGH , ONE OR MORE OF THE FOLLOWING STATEMENTS : ' ' BUTTEROIL FOR COOKING ' ' , . . . ' ' BUTTERSCHMALZ OR BUTTERREINFETT ' ' , ' ' BEURRE CONCENTRE POUR LA CUISINE ' ' , ' ' BURRO CONCENTRATO DA CUCINA ' ' . . . ' .
6 IN ACCORDANCE WITH THAT REGULATION , CORMAN CONCLUDED WITH THE BOARD FIVE CONTRACTS PURSUANT TO WHICH , BETWEEN 25 MARCH 1978 AND 19 FEBRUARY 1979 , IT ACQUIRED 210 TONNES OF BUTTER . IT PAID THE REDUCED PRICE AND LODGED THE PROCESSING SECURITIES . THE SECURITIES RELATING TO TWO OF THOSE CONTRACTS WERE RELEASED BY THE BOARD IN SEPTEMBER 1979 . ON THE OTHER HAND , THE SECURITIES RELATING TO THE OTHER THREE CONTRACTS WERE DECLARED FORFEIT BY THE BOARD ON 8 JANUARY 1982 . THE BOARD REFUSED TO RELEASE THEM AFTER THE COMMISSION HAD INFORMED IT THAT CORMAN HAD FAILED TO COMPLY PROPERLY WITH THE REQUIREMENTS LAID DOWN IN ARTICLE 5 , SINCE IT HAD PACKAGED THE BUTTER IN SUCH A WAY THAT THE REQUISITE STATEMENTS APPEARED ON A SHEET OF FOIL PLACED BETWEEN THE BUTTER AND THE TRANSPARENT LID WHICH SEALED THE PACK , WHEREAS THE STATEMENTS WERE SUPPOSED TO APPEAR ON THE UPPER SURFACE OF THE LID .
7 ON 22 NOVEMBER 1982 CORMAN BROUGHT AN ACTION AGAINST THE BOARD BEFORE THE TRIBUNAL DE PREMIERE INSTANCE , BRUSSELS , FOR RECOVERY OF THE SECURITIES WHICH THAT BODY HAD DECLARED FORFEIT ON 8 JANUARY 1982 . THE