Europa Since the concept of force majeure must be understood in the sense of abnormal and unforeseeable circumstances, beyond the control of the trader concerned, the consequences of which could not have been avoided despite the exercise of all due care, a case of force majeure can be held to exist within the meaning of Article 22(4) of Regulation No 262/79 on the sale of butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs where the failure to respect the time-limit for the production of proof of the processing of the butter in another Member State is due to the delay taken by the administrative authorities of that State in verifying processing and returning the control document to the authorities in the country of origin if the trader concerned exercised or caused to be exercised all possible care in requesting the administrative authorities of the country in which the butter was processed to complete those operations. The fact that the trader failed to make application for other documents to be accepted as equivalent pursuant to Article 14 of Regulation No 1687/76 laying down common detailed rules for verifying the use and/or destination of products from intervention can be relied on against him only if the actual conduct of the administration concerned did not prevent him from protecting his rights by means of that procedure.
Citations:
C-50/92, [1993] EUECJ C-50/92
Links:
Statutes:
Commission Regulation 1687/76 14, Commission Regulation 1687/76, Art. 14 and 262/79 22(4))
European, Agriculture
Updated: 01 June 2022; Ref: scu.160877