Keywords
Summary

Keywords

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1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT - PRESCRIBED PERIOD - STARTING DATE - DATE OF DEPOSIT OF REQUEST TOGETHER WITH SUFFICIENT SUPPORTING DOCUMENTS

( COMMISSION REGULATION NO 1371/81, ART . 17 ( 3 ) )

2 . COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT - TO BE APPRAISED IN RELATION TO THE PROVISIONS OF THE REGULATION IN WHICH THE TERM APPEARS .

3 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - PAYMENT - PRESCRIBED PERIOD - FAILURE TO COMPLY - ADMINISTRATIVE DIFFICULTIES - FORCE MAJEURE MAY NOT BE RELIED UPON .

( COMMISSION REGULATION NO 1371/81, ART . 17 ( 3)(A ) )

Summary

1 . ARTICLE 17 ( 3 ) OF COMMISSION REGULATION NO 1371/81 MUST BE INTERPRETED AS MEANING THAT THE TWO-MONTH PERIOD PRESCRIBED FOR THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS STARTS TO RUN ON THE DAY FOLLOWING THAT ON WHICH THE REQUEST FOR PAYMENT, TOGETHER WITH THE OTHER REQUISITE DOCUMENTS, IS DEPOSITED WITH THE COMPETENT NATIONAL AUTHORITY .

2 . THE CONCEPT OF FORCE MAJEURE MUST BE UNDERSTOOD AS REFERRING TO UNUSUAL AND UNFORESEEABLE CIRCUMSTANCES, BEYOND THE CONTROL OF THE PARTY BY WHOM IT IS PLEADED, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED . THAT CONCEPT MUST BE CONSIDERED IN RELATION TO THE PROVISIONS OF EACH REGULATION IN WHICH THE TERM APPEARS .

3 . THE NATIONAL AUTHORITY RESPONSIBLE FOR PAYING MONETARY COMPENSATORY AMOUNTS MAY NOT PLEAD FORCE MAJEURE UNDER ARTICLE 17 ( 3 ) ( A ) OF REGULATION NO 1371/81 ON THE GROUND THAT IT HAD INSUFFICIENT STAFF AVAILABLE, NOTWITHSTANDING A SUDDEN SHARP INCREASE IN THE NUMBER OF REQUESTS FOR PAYMENT OF MONETARY COMPENSATORY AMOUNTS AND THE ALLEGED SPECIAL CHARACTERISTICS OF THE AGRICULTURAL SECTOR IN QUESTION .