Grounds
1 BY ORDER OF 16 OCTOBER 1985, WHICH WAS RECEIVED AT THE COURT ON 7 MAY 1986, THE EFETEIO ( COURT OF APPEAL ), ATHENS, REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION ON THE INTERPRETATION OF ARTICLES 36 AND 37 OF COMMISSION REGULATION ( EEC ) NO 3183/80 OF 3 DECEMBER 1980 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE-FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( OFFICIAL JOURNAL 1980, L*338, P.*1 ).
2 THE QUESTION WAS RAISED IN PROCEEDINGS BETWEEN THE GREEK COMPANY IOANNIS THEODORAKIS BIOMICHANIA ELAIOU AE ( HEREINAFTER REFERRED TO AS "THEODORAKIS ")) AND THE GREEK STATE FOR THE RETURN OF SECURITY FURNISHED BY THAT COMPANY . IN APRIL 1982, THEODORAKIS HAD AGREED TO SELL TO A POLISH UNDERTAKING GOODS WHOSE EXPORTATION FROM THE COMMUNITY WAS SUBJECT, BY VIRTUE OF THE APPLICABLE COMMUNITY RULES, TO THE ISSUE BY THE COMPETENT GREEK AUTHORITY OF AN EXPORT LICENCE, WHICH THEODORAKIS DULY OBTAINED BY PROVIDING THE SECURITY REQUIRED FOR THAT PURPOSE . THE LICENCE IN QUESTION WAS VALID UNTIL 31 AUGUST 1982, AND THE POLISH PURCHASER WAS TO TAKE DELIVERY OF THE GOODS IN GREECE NO LATER THAN THAT DATE . HOWEVER, SINCE THE PURCHASER DID NOT ATTEND IN DUE TIME TO TAKE DELIVERY OF THE GOODS, DESPITE THEODORAKIS' S REQUESTS TO THAT EFFECT, THEODORAKIS CLAIMS TO HAVE OBTAINED FROM THE COMPETENT GREEK AUTHORITY AN EXTENSION OF THE TIME-LIMIT FOR EXPORTATION UNTIL 31 DECEMBER 1982 . AFTER BEING INFORMED BY THE POLISH PURCHASER THAT THE LATTER WOULD NOT BE ABLE TO TAKE DELIVERY OF THE GOODS EVEN IN DECEMBER THEODORAKIS CANCELLED THE CONTRACT .
3 THE COMPETENT GREEK AUTHORITY DECLARED THE SECURITY FORFEIT FOR FAILURE TO COMPLETE THE EXPORT TRANSACTION AND THEODORAKIS BROUGHT AN ACTION FOR ITS RETURN . THE ACTION WAS DISMISSED AT FIRST INSTANCE AND THEODORAKIS BROUGHT THE MATTER BEFORE THE COURT OF APPEAL, ATHENS, MAINTAINING, INTER ALIA, THAT THE POLISH PURCHASER' S FAILURE TO TAKE DELIVERY OF THE GOODS IN GREECE CONSTITUTED A CASE OF FORCE MAJEURE WITHIN THE MEANING OF COMMISSION REGULATION NO 3183/80, SO THAT THE EXPORT LICENCE IN QUESTION SHOULD BE CANCELLED AND THE SECURITY RETURNED .
4 WITH A VIEW TO DETERMINING THE ACTION BEFORE IT, THE ATHENS COURT OF APPEAL SUBMITTED A QUESTION TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING, IN ORDER TO ASCERTAIN, ESSENTIALLY, WHETHER THE CONCEPT OF FORCE MAJEURE CONTAINED IN ARTICLES 36 AND 37 OF REGULATION NO 3183/80 MUST BE INTERPRETED AS EXTENDING TO A CASE WHERE THE GOODS WERE NOT EXPORTED DURING THE PERIOD OF VALIDITY OF THE EXPORT CERTIFICATE BECAUSE THE PURCHASER, CONTRARY TO HIS CONTRACTUAL OBLIGATION TO DO SO, FAILED TO TAKE DELIVERY OF THE GOODS SOLD FOR EXPORT .
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE WRITTEN OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR REFERRED TO HEREINAFTER ONLY IN SO FAR AS IS