FOR EXTENSION OF THE PERIOD OF VALIDITY OF THE LICENCE AS WELL AS REQUESTS FOR CANCELLATION OF THE OBLIGATION TO IMPORT OR EXPORT AND FOR RELEASE OF THE SECURITY .
THE SAID PARAGRAPH EXPRESSLY PROVIDES THAT SUCH EXTENSION MAY BE GRANTED AFTER THE EXPIRY OF THE PERIOD OF VALIDITY OF THE LICENCE, BUT REMAINS SILENT WITH REGARD TO REQUESTS FOR CANCELLATION AND RELEASE OF SECURITY .
SINCE THE LOSS OF A LICENCE MAY OCCUR AT A DATE CLOSE TO THE EXPIRY OF THE PERIOD OF VALIDITY OF THE LICENCE, THE IMPORTER MIGHT BE PREVENTED FROM SUBMITTING HIS REQUEST BEFORE THE EXPIRY OF THAT PERIOD .
FURTHER, THE IMPORTER MAY NOT EVEN HAVE NOTICE OF THE OCCURRENCE UNTIL AFTER THAT DATE .
16 THUS, IN THE ABSENCE OF ANY PROVISION IN THE REGULATION, SUCH A REQUEST MAY BE SUBMITTED AFTER THE PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED .
THE ANSWER TO THE THIRD PART OF THE SECOND QUESTION SHOULD THEREFORE BE IN THE AFFIRMATIVE .
Decision on costs
17 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE VERWALTUNGSGERICHT OF FRANKFURT-ON-MAIN BY ORDER OF THAT COURT DATED 27 JUNE 1973, HEREBY RULES :
1 . ARTICLES 2 ( 1 ) AND 15 ( 4 ) OF REGULATION ( EEC ) NO 1373/70 OF THE COMMISSION MUST NOT BE INTERPRETED AS MEANING THAT THE LOSS OF AN IMPORT LICENCE AUTOMATICALLY ENTAILS THE LAPSE OF THE OBLIGATION TO IMPORT CREATED BY ITS ISSUE .
2 . THE LOSS OF AN IMPORT LICENCE CONSTITUTES A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 18 OF REGULATION NO 1373/70 WHEN SUCH LOSS OCCURS 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 .
3 . IT IS FOR THE COMPETENT NATIONAL COURT TO DECIDE, AFTER WEIGHING ALL THE FACTUAL CIRCUMSTANCES IN WHICH THE TRADER WAS PLACED, WHETHER THE TITULAR HOLDER OF A LICENCE HAS ACTED AS A PRUDENT AND DILIGENT TRADER .
4 . A REQUEST MADE PURSUANT TO ARTICLE 18 ( 1 ) OF REGULATION NO 1373/70 MAY BE SUBMITTED AFTER THE PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED .