Дело C-49/71: Hagen OHG/Einfuhr- und Vorratsstelle für Getreide und Futtermittel, Заключение от 18 януари 1972 г.

1. (a) Are the terms ‘offer’ and ‘offered’, contained in the aforementioned regulations, to be interpreted in the various Member States of the European Economic Community in accordance with the provisions and rules of national law

or (b) Has the European Economic Community created its own concept of ‘offer’ which accordingly must be interpreted in the same way in all Member States

2. In the case of 1 (b) (a) Is the term ‘offer to be understood as meaning that an offer for intervention of cereals is considered to have been made at the time at which the offer is despatched by the maker of the offer, even if it has not yet been received by the intervention agency, or (b) Does an offer become valid only at the time at which the offer is received by the intervention agency

3. In case of 1(b): (a) Can an offer be valid and qualify for acceptance even if it contains no statement of the place where the cereals offered are or were at the time of the offer, or (b) Does an offer valid and qualify for acceptance only if it contains also a statement of the place where the cereals offered were when the offer was made

4. In case of 3(b): (a) Is an offer valid only if all the necessary statements are made at the same time, including the statemerits of the place where the cereals offered were when the offer was made, or (b) In the case of an offer which does not initially contain the necessary statement of the place where the cereals offered were when the offer was made, may such an offer subsequently be completed by a later statement to that effect

5. In case of 4(b): (a) Is an offer which is made successively in the manner described above to be considered as having been made at the time at which the first incomplete offer was made, or (b) Is such an offer to be considered as having made only at the time of the subsequent statement of the place where the cereals offered were when the offer was made

6. (a) Are the words “are when the offer is made”, contained in Article 1 (1) of Regulation No 132/67/EEC of the Council, to be interpreted as meaning that the cereals offered must be warehoused at a specific place when the offer is made

(b) May an offer be made in respect of cereals which are still in transit, provided that the offer refers solely to a marketing centre chosen from among the three centres nearest to the actual place where the cereals in transit are when the offer is made

7. (a) Are the provisions contained in the abovementioned regulations, which relate to the basic rules of intervention and particularly to the making of offers for intervention, of a mandatory nature, or (b) May the individual Member States adopt different provisions or develop different procedures which would be legally admissible?