THE PURCHASER ".
14 IT SHOULD ALSO BE OBSERVED THAT WHERE THE TIME-LIMIT IS EXCEEDED, THE PURCHASER MUST, IN ACCORDANCE WITH ARTICLE 15 ( B ) OF THE ABOVEMENTIONED REGULATION, PAY A STORAGE CHARGE CALCULATED "FOR EACH PERIOD OF 30 DAYS OF ADDITIONAL STORAGE OR PART THEREOF", REGARDLESS OF THE REASONS FOR WHICH THE TIME-LIMIT WAS EXCEEDED AND EVEN IF IT WAS EXCEEDED BY ONLY ONE DAY, ARTICLE 9 OF REGULATION NO 1000/83 FIXING THE STORAGE CHARGE AT DR 150 PER 100 KG .
15 AS THE COMMISSION ITSELF CONFIRMED IN REPLY TO A QUESTION PUT BY THE COURT, THE LATTER RULES CONTAIN AN IMPLIED SANCTION, IN PARTICULAR BECAUSE THEY ARE NOT CONFINED TO IMPOSING ON THE PURCHASER ONLY THE ACTUAL ADDITIONAL STORAGE COSTS BUT INDUCE HIM TO COMPLY WITH THE TIME-LIMIT LAID DOWN IN ORDER TO AVOID HAVING TO PAY A FLAT-RATE CHARGE WHOSE EFFECT AS PENALTY PAYMENT IS ALL THE GREATER WHEN THE PERIOD BY WHICH THE TIME-LIMIT IS EXCEEDED IS MINIMAL . HOWEVER, HAVING REGARD TO THAT SPECIFIC CHARACTER OF THE MEASURE AT ISSUE, AND WITHOUT THERE BEING ANY NECESSITY TO RULE ON THE MORE GENERAL QUESTION WHETHER RULES SUCH AS THOSE AT ISSUE MUST BE INTERPRETED AS CONTAINING AN IMPLIED FORCE MAJEURE CLAUSE, IT MUST BE ACCEPTED THAT, IN THE PARTICULAR CIRCUMSTANCES OF THE INSTANT CASE, THE PURCHASER MAY, IN PRINCIPLE, RELY ON THE CONCEPT OF FORCE MAJEURE .
16 CONSEQUENTLY, A DELAY IN THE WITHDRAWAL OF THE GOODS AWARDED CANNOT BE ATTRIBUTED TO THE PURCHASER IF IT IS DUE TO EVENTS WHICH CONSTITUTE A CASE OF FORCE MAJEURE, THAT IS TO SAY, ABNORMAL AND UNFORESEEABLE CIRCUMSTANCES BEYOND THE CONTROL OF THE PERSON CLAIMING FORCE MAJEURE THE CONSEQUENCES OF WHICH COULD NOT BE AVOIDED DESPITE THE EXERCISE OF ALL DUE CARE ( JUDGMENT OF 27 OCTOBER 1987 IN CASE 109/86 THEODORAKIS V GREEK STATE (( 1987 )) ECR 4319 ).
17 WITH REGARD TO THE PARTICULAR CIRCUMSTANCES OF THE INSTANT CASE, IT MUST BE OBSERVED THAT THE INTERRUPTION IN THE SUPPLY OF ELECTRICITY NECESSARY FOR THE FUNCTIONING OF THE LOADING EQUIPMENT IN THE WAREHOUSE OF THE INTERVENTION AGENCY' S AGENT, WHETHER DUE TO BAD WEATHER OR TO THE FAULT OF THE ELECTRICITY COMPANY OR OF THE INTERVENTION AGENCY, MAY WELL CONSTITUTE A CASE OF FORCE MAJEURE FOR THE PURCHASER . THE SAME IS TRUE WITH REGARD TO THE DETERIORATION IN THE WEATHER CONDITIONS SINCE SUCH AN EVENT MAY, HAVING REGARD INTER ALIA TO THE SEASON AND TO THE PLACE OF LOADING, BE REGARDED AS ABNORMAL AND UNFORESEEABLE, A POSSIBILITY WHICH ONLY THE NATIONAL COURT SHOULD EXAMINE .
18 THE REPLY TO THE FIRST, SECOND AND FOURTH QUESTIONS OF THE EFETIO ATHINON MUST THEREFORE BE THAT ARTICLE 15 OF REGULATION NO 2960/77 MUST BE INTERPRETED AS MEANING THAT WHERE THE TIME-LIMIT LAID DOWN FOR THE WITHDRAWAL OF THE GOODS AWARDED HAS BEEN EXCEEDED, THE PURCHASER IS NOT LIABLE FOR THE ADDITIONAL STORAGE COSTS IF THE DELAY IS DUE TO CIRCUMSTANCES CONSTITUTING FORCE MAJEURE .
THIRD QUESTION
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