Keywords
Summary

Keywords

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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - PURCHASE OF MEAT FROM INTERVENTION AT A PRICE FIXED IN ECUS - CHANGE IN THE REPRESENTATIVE RATES AFTER THE CONCLUSION OF THE PURCHASE CONTRACT - FAILURE OF THE PURCHASER TO CARRY OUT THE CONTRACT - FORFEITURE OF SECURITY - PRINCIPLE OF PROPORTIONALITY - INFRINGEMENT - NONE

( COMMISSION REGULATION NO 2173/79, ART . 16*(2 )*)

Summary

WHERE, OWING TO A CHANGE IN THE GREEN RATE AFTER THE CONCLUSION OF A CONTRACT FOR THE PURCHASE OF BEEF AND VEAL FROM INTERVENTION STOCKS, THE PURCHASER FINDS IT ADVANTAGEOUS NOT TO PERFORM THE CONTRACT IN ACCORDANCE WITH THE CONDITIONS WHICH HE ACCEPTED, THE FORFEITURE UNDER ARTICLE 16*(2 ) OF REGULATION NO 2173/79 OF THE SECURITY DESIGNED TO GUARANTEE THE PERFORMANCE BY THE BUYER OF HIS CONTRACTUAL OBLIGATIONS DOES NOT CONSTITUTE A DISPROPORTIONATE CONSEQUENCE, A FORTIORI WHERE, WITH THE COOPERATION OF THE INTERVENTION AGENCY, THE PURCHASER OBTAINED A NEW CONTRACT RELATING TO THE SAME QUANTITY OF GOODS BUT AT THE MORE FAVOURABLE PRICE RESULTING FROM THE CHANGE IN THE GREEN RATE .