Keywords
Summary

Keywords

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1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - IMPORT LICENCE - LOSS - OBLIGATION TO IMPORT - CONTINUED EXISTENCE

( REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 2 ( 1 ); REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 15 ( 4 ))

2 . FORCE MAJEURE - CONCEPT - DEFINITION

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - IMPORT LICENCE - LOSS - CASE OF FORCE MAJEURE - REQUIREMENTS - ASSESSMENT BY THE NATIONAL COURT

( REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 18 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM - IMPORT LICENCE - LOSS - SECURITY - REQUEST FOR CANCELLATION AND RELEASE - SUBMISSION AFTER PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED - ALLOWED

( REGULATION NO 1373/70 OF THE COMMISSION, ARTICLE 18 ( 1 ))

Summary

1 . ARTICLES 2 ( 1 ) AND 15 ( 4 ) OF REGULATION ( EEC ) NO 1373/70 OF THE COMMISSION MUST NOT BE INTERPRETED AS MEANING THAT THE LOSS OF AN IMPORT LICENCE AUTOMATICALLY ENTAILS THE LAPSE OF THE OBLIGATION TO IMPORT CREATED BY ITS ISSUE .

2 . SINCE THE CONCEPT OF FORCE MAJEURE DIFFERS IN CONTENT IN DIFFERENT AREAS OF THE LAW AND IN ITS VARIOUS SPHERES OF APPLICATION, THE PRECISE MEANING OF THIS CONCEPT HAS TO BE DECIDED BY REFERENCE TO THE LEGAL CONTEXT IN WHICH IT IS INTENDED TO OPERATE .

3 . THE LOSS OF AN IMPORT LICENCE CONSTITUTES A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 OF REGULATION NO 1373/70 WHEN SUCH LOSS OCCURS DESPITE THE FACT THAT THE TITULAR HOLDER OF THE LICENCE HAS TAKEN ALL THE PRECAUTIONS WHICH COULD REASONABLY BE EXPECTED OF A PRUDENT AND DILIGENT TRADER .

IT IS FOR THE COMPETENT NATIONAL COURT TO ASSESS SUCH BEHAVIOUR IN THE LIGHT OF FACTUAL CIRCUMSTANCES .

4 . WHERE AN IMPORT LICENCE IS LOST, A REQUEST FOR CANCELLATION AND RELEASE OF THE SECURITY MAY BE SUBMITTED AFTER THE PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED .