THE PERIOD OF ONE MONTH PRESCRIBED FOR BRINGING AN ACTION WOULD HAVE STARTED TO RUN ON 14 SEPTEMBER 1982 AND WOULD HAVE EXPIRED , IN VIEW OF THE 10 ADDITIONAL DAYS PROVIDED BY ARTICLE 1 OF ANNEX II TO THE RULES OF PROCEDURE , ON 24 OCTOBER 1982 . SINCE THAT DAY WAS A SUNDAY THE PERIOD IN FACT EXPIRED ON 25 OCTOBER 1982 WHEN THE APPLICATION WAS REGISTERED AT THE COURT .
8 IT MUST BE STATED THAT THE PERIOD FOR BRINGING AN ACTION MUST BE STRICTLY OBSERVED AND CANNOT BE EXTENDED SAVE ON GROUNDS OF DISTANCE AS PROVIDED IN THE SECOND PARAGRAPH OF ARTICLE 39 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC . NEVERTHELESS THE THIRD PARAGRAPH THEREOF PROVIDES THAT NO RIGHT SHALL BE PREJUDICED IN CONSEQUENCE OF THE EXPIRY OF A TIME-LIMIT IF THE PARTY CONCERNED PROVES THE EXISTENCE OF UNFORESEEABLE CIRCUMSTANCES OR OF FORCE MAJEURE .
9 IN THE PRESENT CASE PURSUANT TO ARTICLE 33 OF THE ECSC TREATY THE PERIOD PRESCRIBED FOR BRINGING AN ACTION WAS ONE MONTH EXTENDED ON ACCOUNT OF DISTANCE BY A PERIOD OF 10 DAYS GRANTED TO ITALIAN APPLICANTS PURSUANT TO ANNEX II TO THE RULES OF PROCEDURE . IN VIEW OF THE FACT THAT THE DECISION AT ISSUE WAS NOTIFIED TO THE APPLICANT ON 26 AUGUST 1982 AND THAT ACCORDING TO ARTICLE 81 OF THE RULES OF PROCEDURE THE PERIOD OF TIME ALLOWED FOR COMMENCING PROCEEDINGS AGAINST A MEASURE ADOPTED BY AN INSTITUTION IS TO RUN FROM THE DAY FOLLOWING THE RECEIPT BY THE PERSON CONCERNED OF NOTIFICATION OF THE MEASURE , THE PERIOD FOR COMMENCING PROCEEDINGS EXPIRED ON 6 OCTOBER 1982 SO THAT THE APPLICATION , REGISTERED AT THE COURT ON 25 OCTOBER 1982 , WAS OUT OF TIME .
10 THE ADMISSIBILITY OF THE APPLICATION THUS DEPENDS SOLELY ON THE QUESTION OF THE EXISTENCE IN THIS CASE OF FORCE MAJEURE WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 39 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC .
11 IT IS APPARENT FROM THE ESTABLISHED CASE-LAW OF THE COURT THAT APART FROM SPECIAL CASES IN SPECIFIC AREAS IN WHICH IT IS USED , THE CONCEPT OF FORCE MAJEURE ESSENTIALLY COVERS UNUSUAL CIRCUMSTANCES WHICH MAKE IT IMPOSSIBLE FOR THE RELEVANT ACTION TO BE CARRIED OUT . EVEN THOUGH IT DOES NOT PRESUPPOSE ABSOLUTE IMPOSSIBILITY IT NEVERTHELESS REQUIRES ABNORMAL DIFFICULTIES , INDEPENDENT OF THE WILL OF THE PERSON CONCERNED AND APPARENTLY INEVITABLE EVEN IF ALL DUE CARE IS TAKEN .
12 IT MUST BE OBSERVED THAT IT IS APPARENT FROM THE FILE THAT THE CLOSURE OF THE BUSSENI UNDERTAKING DID NOT MEAN EITHER THE WINDING-UP OF THE UNDERTAKING OR THE TERMINATION OF THE RESPONSIBILITY OF ITS MANAGEMENT FOR THE NORMAL CONDUCT OF BUSINESS . THE FACT THAT IT RECEIVED THE SUPPORT OF THE CASSA INTEGRAZIONE GUADAGNI , THAT IT WAS PLACED BY ORDER OF 23 APRIL 1982 OF THE TRIBUNALE , BRESCIA , UNDER COURT-CONTROLLED MANAGEMENT FOR TWO YEARS , THAT A