Дело C-20/84: De Jong/VIB, Заключение от 9 май 1985 г.

1) Is it in accordance with the provisions of Community law, in particular Regulation (EEC) No 232/75 of the Commission of 30 January 1975, 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 released 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 subsquently proved to contain an error

2) Is it relevant to the answer to be given to Question 1 whether the error in the contents of the control copy arose from the failure of the customs authorities to carry out a check on subsequent purchasers

3) Is it relevant to the reply whether the undertaking which bought the butter from the intervention agency acted in good faith as regards using the butter in accordance with the relevant provisions at the time when the processing security was released

4) Is it relevant to the reply that a purchaser has previously obtained the release of the processing security, in connection with the resale of butter, on the basis of control copies whose contents were erroneous

5) Are the circumstances mentioned in Questions 1 to 4 relevant to the defence of force majeure contained in Article 18 (2) of Regulation No 232/75

6) If the replies to the above questions mean that the purchaser is not released from his obligations, must a Member State require the purchaser to pay to the intervention agency the difference between the price previously paid and the intervention price on the day when the purchaser submitted his tender

7) If the answer to Question 6 is not in the affirmative, is it contrary to Community law if the provisions of the Member State's domestic law on the sale of goods bring about the effect in law which is mentioned in Question 6

8) If it is held that the purchaser is not released from his obligations, does it follow from Community law, including considerations of legal certainty, that even the circumstance that the processing security has been released itself excludes a claim against the purchaser

9) If the processing security was released on the basis of a control document, the contents of which were erroneous in the circumstances related above, does Community law contain rules as to the party on whom the burden of proof rests in establishing whether the butter purchased was used in accordance with the relevant provisions?