Opinion of the Advocate General — ECLI:EU:C:2002:310
Date: 2002-05-28
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Wine
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment 
Agriculture — Common organisation of the markets — Wine — Harvest, production 
and stock declarations — Failure to comply with time-limit for submission — Force 
majeure — Meaning — Burden of proof — To be determined by the national court — 
Death of the sole director of a family holding 
(Commission Regulation No 1294/96, Art. 12) 
I-8955 
SUMMARY — CASE C-208/01 
On a proper construction of Article 12 of 
Regulation No 1294/96 of 4 July 1996 
laying down detailed rules for the appli­
cation of Regulation No 822/87 as regards 
harvest, production and stock declarations 
relating to wine-sector products: 
— the concept of 'force majeure' referred 
to therein is not limited to absolute 
impossibility but must be understood 
in the sense of abnormal and unfore­
seeable circumstances, outside the 
operator's control, the consequences 
of which, in spite of the exercise of all 
due care, could not have been avoided; 
— it is for the operator to prove that the 
conditions necessary for a case of force 
majeure to exist have been satisfied and 
for the national court to verify the facts 
alleged and to determine whether, 
having regard to the circumstances, 
the operators took every care that 
could have been expected of them to 
observe the time-limits for making the 
declaration provided for by the Com­
munity legislation; 
— the sudden death of the sole director of 
a family holding in the form of com­
munity of property ('comunidad de 
bienes'), who was connected to the 
members of that community by close 
family ties, may, in principle, be 
regarded as a case of force majeure. 
(see para. 23, operative part) 
I - 8956