Europa 1. Agriculture – common organization of the markets – milk – imports subject to the production of a licence – importation impossible during the term of validity of such licence – case of force majeure – ‘ engine failure ‘ within the meaning of article 6(3) of regulation no 136/64/eec of the commission – concept 2. Force majeure – concept 3. Agriculture – common organization of the markets – milk – importation subject to the production of a licence – importation impossible during the term of validity of such licence – case of force majeure relied on by the importer – evidence to be adduced (regulation no 136/64/eec, article 6(2)) 4. Agriculture – common organization of the markets – milk – importation subject to the production of a licence – importation impossible during the term of validity of such licence – case of force majeure – national courts – jurisdiction in cases not referred to in article 6(3) or not recognized by the national authorities in accordance with article 6(4) of regulation no 136/64/eec 1. The concept of ‘ engine failure ‘ referred to in article 6(3) of regulation no 136/64/eec does not include failures which occur in machinery intended for the production of goods. 2. As the concept of force majeure is not identical in the different branches of law and the various fields of application, the significance of this concept must be determined on the basis of the legal framework within which it is intended to take effect. Recognition of a case of force majeure presupposes that the consequences of the unusual event to which this concept relates cannot be avoided. 3. Within the meaning of regulation no 136/64/eec, when an importer relies on force majeure he must show that he was unable to effect the importation within the period laid down as a result of unusual circumstances outside his control, the consequences of which, in spite of the exercise of all due care on his part, he could not have avoided except at the cost of excessive sacrifice. 4. The courts of member states may, within the limits of their own jurisdiction, recognize the existence of a case of force majeure not only when the situation relied on is included in those enumerated in article 6(3) or when it has been recognized by the national authorities in accordance with paragraph (4), but also in other specific cases which justify the application of the exemption referred to in article 6(2).
Citations:
C-4/68
European, Agriculture
Updated: 10 April 2022; Ref: scu.131867
