Keywords
Summary

Keywords

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1 . COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EXPORT LICENCES - SYSTEM OF SECURITIES - NON-PERFORMANCE OF AN EXPORT SALE CONTRACT ATTRIBUTABLE TO THE PURCHASER - FORFEITURE OF THE SECURITY - NOT CASE OF FORCE MAJEURE

( COMMISSION REGULATION NO 3183/80, ARTS 36 AND 37 )

Summary

1 . WHILST THE CONCEPT OF FORCE MAJEURE DOES NOT PRESUPPOSE ABSOLUTE IMPOSSIBILITY, IT NEVERTHELESS REQUIRES THE NON-PERFORMANCE OF THE ACT IN QUESTION TO BE DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE PERSON CLAIMING FORCE MAJEURE WHICH ARE ABNORMAL AND UNFORESEEABLE AND OF WHICH THE CONSEQUENCES COULD NOT HAVE BEEN AVOIDED DESPITE THE EXERCISE OF ALL DUE CARE .

2 . THE CONCEPT OF FORCE MAJEURE CONTAINED IN ARTICLES 36 AND 37 OF REGULATION NO 3183/80, WHICH PROVIDE THAT THE SECURITY FURNISHED IN CONNECTION WITH THE ISSUE OF AN EXPORT LICENCE IS TO BE RELEASED WHERE THE COMPETENT AUTHORITY CANCELS THE OBLIGATION TO EXPORT BECAUSE THE GOODS CANNOT BE EXPORTED DURING THE PERIOD OF VALIDITY OF THE LICENCE AS A RESULT OF FORCE MAJEURE, DOES NOT, PROPERLY CONSTRUED, EXTEND TO A CASE WHERE THE GOODS WERE NOT EXPORTED BECAUSE THE PURCHASER, CONTRARY TO HIS CONTRACTUAL OBLIGATION, FAILED TO TAKE DELIVERY OF THE GOODS SOLD FOR EXPORT .