Keywords
Summary

Keywords

1 . PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - COMMUNITY RULES - SCOPE

( RULES OF PROCEDURE , ART . 80 ( 1 ))

2.COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT

3.PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - BARRING OF ACTIONS - CASE OF FORCE MAJEURE - CONCEPT - LIMITS

( STATUTE OF THE COURT OF JUSTICE OF THE ECSC , ART . 39 , FIRST AND THIRD PARAS .)

Summary

1 . TIME-LIMITS FOR INSTITUTING PROCEEDINGS BEFORE THE COURT ARE GOVERNED EXCLUSIVELY BY COMMUNITY LAW AND CONSEQUENTLY ARE NOT SUBJECT TO THE NATIONAL RULES OF THE MEMBER STATES REGARDING IN PARTICULAR THE SUSPENSION OF TIME-LIMITS FOR INSTITUTING PROCEEDINGS BEFORE THEIR OWN COURTS DURING THE JUDICIAL VACATION .

2.APART FROM THE SPECIAL FEATURES OF THE SPECIFIC AREAS IN WHICH IT IS USED , THE CONCEPT OF FORCE MAJEURE ESSENTIALLY COVERS UNUSUAL CIRCUMSTANCES WHICH MAKE IT IMPOSSIBLE FOR THE RELEVANT ACTION TO BE CARRIED OUT . EVEN THOUGH IT DOES NOT PRESUPPOSE ABSOLUTE IMPOSSIBILITY , IT NEVERTHELESS REQUIRES ABNORMAL DIFFICULTIES , INDEPENDENT OF THE WILL OF THE PERSON CONCERNED AND APPARENTLY INEVITABLE , EVEN IF ALL DUE CARE IS TAKEN .

3.THE CONCEPT OF FORCE MAJEURE DOES NOT APPLY TO A SITUATION IN WHICH , OBJECTIVELY , A DILIGENT AND PRUDENT PERSON WOULD HAVE BEEN ABLE TO TAKE THE NECESSARY STEPS BEFORE THE EXPIRY OF THE PERIOD PRESCRIBED FOR INSTITUTING PROCEEDINGS .