Keywords
Summary

Keywords

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AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - MAIZE - IMPORTATION FROM A MEMBER STATE - LEVY FIXED IN ADVANCE - PERIOD LAID DOWN FOR IMPORTATION - NOT OBSERVED - FORCE MAJEURE

( REGULATION NO 31 OF THE COUNCIL - ARTICLE 2 ( 1 ) AND ( 2 ))

REGULATION NO 87/62 OF THE COMMISSION, ARTICLE 8 ( 3 ))

Summary

WHILE THE CONCEPT OF FORCE MAJEURE IN A CASE SUCH AS THE PRESENT IMPLIES THAT THE FAILURE TO OBSERVE A TIME LIMIT PROVIDED FOR IN THE LICENCE DOES NOT INVOLVE THE LOSS OF THE ENTITLEMENT TO A LEVY FIXED IN ADVANCE, THIS IS NEVERTHELESS ON CONDITION THAT THE DELAY IN IMPORTATION IS DUE TO EXCEPTIONAL CIRCUMSTANCES, AND IS IN PARTICULAR NOT DUE TO NEGLIGENCE OF WHICH A PRUDENT IMPORTER WOULD NOT BE GUILTY, EITHER WHEN ENTERING INTO A CONTRACT TO BUY OR TO CARRY, OR IN ASSERTING HIS RIGHTS AGAINST THE CARRIER .