Opinion of the Advocate General — ECLI:EU:C:1997:544
Date: 1997-11-13
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Food aid;Development cooperation;External relations;Milk products
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment
Agriculture — Common agricultural policy — Food aid — Implementation — Tendering pro­
cedure for the mobilisation and supply of skimmed-milk powder, butter and butteroil — Obliga­
tions of the successful tenderer — Delivery within the time-limits Uid down — Not effected —
Consequences — Liability, irrespective of forfeited security, for all additional costs— Deduction
of the amount of the security from that due as compensation — Not permissible
(Commission Regulation No 1354/83, Arts 25(1), first para., and 26(6))
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SUMMARY — CASE C-346/96
Regulation No 1354/83 laying down general
rules for the mobilisation and supply of
skimmed-milk powder, butter and butteroil
as food aid must be interpreted to the effect
that in the absence of force majeure a ten­
derer who has failed to deliver the goods
concerned within the appropriate time-limits
must bear all the financial consequences of
that failure in accordance with the first para­
graph of Article 25(1) of that regulation,
even if the tendering securities have already
been declared forfeit in application of Article
26(6) of that regulation, and those securities
may not be deducted from the amounts due
as compensation for the damage caused by
failure to deliver the goods on the basis of
the first paragraph of Article 25(1).
I-346