BUT MUST BE UNDERSTOOD IN THE SENSE OF UNUSUAL CIRCUMSTANCES, BEYOND THE IMPORTER'S CONTROL AND WHICH HAVE ARISEN DESPITE THE FACT THAT THE TITULAR HOLDER OF THE LICENCE HAS TAKEN ALL THE PRECAUTIONS WHICH COULD REASONABLY BE EXPECTED OF A PRUDENT AND DILIGENT TRADER .
23 WITHIN THE LIMITS OF THEIR OWN COMPETENCE, NATIONAL COURTS CAN THEREFORE RECOGNIZE THE EXISTENCE OF A CASE OF FORCE MAJEURE NOT ONLY WHERE THE SITUATION IN QUESTION IS COVERED BY THE ENUMERATION IN PARAGRAPH ( 2 ) OR WHERE IT HAS BEEN RCOGNIZED BY THE MEMBER STATES PURSUANT TO PARAGRAPH ( 3 ), BUT ALSO IN OTHER CASES .
24 THE SECOND QUESTION FURTHER ASKS WHETHER REQUESTS FOR THE CONSIDERATION OF CIRCUMSTANCES OF FORCE MAJEURE MUST BE SUBMITTED WITHIN A GIVEN PERIOD AND, IF SO, WITHIN WHAT PERIOD .
25 ALTHOUGH, UNLIKE SUBSEQUENT REGULATIONS, ARTICLE 8 DOES NOT LAY DOWN A SPECIFIC PERIOD WITHIN WHICH A CASE OF FORCE MAJEURE MUST BE INVOKED, IT IS CLEAR BOTH FROM THE WORDING OF THE ARTICLE AND FROM THE GENERAL SCHEME OF THE SYSTEM INITIATED BY THE REGULATION THAT THE REQUEST MUST BE MADE AS SOON AS POSSIBLE, PREFERABLY DURING THE PERIOD OF VALIDITY OF THE LICENCE IN QUESTION .
26 HOWEVER, THE CASE IN POINT WHICH HAS GIVEN RISE TO THIS REFERENCE CLEARLY SHOWS THAT IT WOULD BE IMPOSSIBLE TO ESTABLISH ANY STRICT AND ABSOLUTE RULE IN THIS MATTER, IN VIEW OF THE FACT THAT A CASE OF FORCE MAJEURE MIGHT POSSIBLY BE INVOKED MERELY AS A SUBSIDIARY POINT, IF THE PARTY CONCERNED CONSIDERS THAT IN THE CIRCUMSTANCES THE CONDITIONS CONTAINED IN THE REGULATION HAVE BEEN FULFILLED .
27 IT MUST BE CONCLUDED THAT ALTHOUGH ARTICLE 8 OF REGULATION NO 102/64 DOES NOT LAY DOWN ANY SPECIFIED PERIOD FOR THE INTRODUCTION OF A REQUEST FOR THE CONSIDERATION OF CIRCUMSTANCES OF FORCE MAJEURE, IT NEVERTHELESS REQUIRES THE IMPORTERS OR EXPORTERS CONCERNED TO SUBSTANTIATE THEIR CLAIMS IN THE FULLEST POSSIBLE MANNER .
Decision on costs
28 THE COSTS INCURRED BY THE STATE OF BELGIUM AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .
29 AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION BEFORE THE NATIONAL COURT, COSTS ARE A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE BUNDESVERWALTUNGSGERICHT BY ORDER OF THAT COURT DATED 16 NOVEMBER 1973 HEREBY RULES :
1 . ARTICLE 7 OF REGULATION NO 102/64 DOES NOT PREVENT AN IMPORTATION WITHIN THE MEANING OF THAT ARTICLE BEING DEFINED AS THE CROSSING OF THE FRONTIER OF THE IMPORTING COUNTRY, DULY RECORDED BY THE COMPETENT CUSTOMS AUTHORITIES, PROVIDED THAT IT IS ALSO ESTABLISHED THAT THE GOODS WERE SUBSEQUENTLY GIVEN CUSTOMS CLEARANCE AND PUT INTO FREE CIRCULATION .
2 . ARTICLE 8 OF REGULATION NO 102/64 DOES NOT LAY DOWN ANY SPECIFIED PERIOD FOR THE INTRODUCTION OF A REQUEST FOR THE CONSIDERATION OF CIRCUMSTANCES OF FORCE MAJEURE