Keywords
Summary

Keywords

1 . COMMUNITY LAW - PRINCIPLES - FORCE MAJEURE - CONCEPT

2.PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - ACTION BARRED - CASE OF FORCE MAJEURE - CONCEPT - LIMITS

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

Summary

1 . DISREGARDING THE SPECIAL FEATURES OF THE SPECIFIC AREAS IN WHICH IT IS USED , THE CONCEPT OF FORCE MAJEURE ESSENTIALLY COVERS 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 .

2 . THE FACT THAT THE SOLE DIRECTOR OF AN UNDERTAKING WHICH HAS CLOSED DOWN BECAUSE OF ECONOMIC DIFFICULTIES WAS ABSENT FOR PERSONAL REASONS WITHOUT TAKING THE NECESSARY ADMINISTRATIVE MEASURES DURING HIS ABSENCE CANNOT BE REGARDED AS A CASE OF FORCE MAJEURE WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 39 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC SO AS TO JUSTIFY FAILURE TO COMPLY WITH THE FIRST PARAGRAPH OF THAT ARTICLE .