WHICH PROVIDES THAT , IN A CASE OF FORCE MAJEURE , A REQUEST TO EXTEND THE PERIOD OF VALIDITY OF A LICENCE OR CERTIFICATE MAY BE RECEIVED NOT MORE THAN 30 DAYS AFTER THE EXPIRY OF SUCH PERIOD OF VALIDITY . IN THOSE CONDITIONS , IT IS CLEAR THAT THE DECISION WHICH FOLLOWS THAT REQUEST MAY ALSO BE MADE RETROACTIVELY , WITH THE RESULT THAT THE EXTENSION APPLIES RETROACTIVELY TO THE PERIOD BETWEEN THE EXPIRY OF THE PERIOD OF VALIDITY OF THE LICENCE OR CERTIFICATE AND THE DECISION ON THE REQUEST FOR AN EXTENSION .
18 IT THEREFORE FOLLOWS THAT , ON GROUNDS RELATING TO THE LEGAL PROTECTION OF THE LICENCE HOLDER , A RETROACTIVE EXTENSION WHICH DOES NOT HAVE AN APPRECIABLE EFFECT ON THE RELIABILITY OF THE LICENSING SYSTEM MUST BE CONSIDERED VALID UNDER ARTICLE 9 ( 1 ) OF REGULATION NO 473/67 .
19 IT SHOULD ALSO BE STATED THAT THE RECOGNITION OF THE VALIDITY OF SUCH RETROACTIVE EXTENSION RAISES THE QUESTION OF THE VALIDITY OF THE SECOND LICENCE WHICH WAS ISSUED TO THE PLAINTIFF IN THE MAIN ACTION IN THIS CASE .
20 IT FOLLOWS FROM THE CONSIDERATIONS SET OUT ABOVE THAT IN SO FAR AS THE FIRST LICENCE , THE PERIOD OF VALIDITY OF WHICH HAS BEEN EXTENDED , TAKES FULL EFFECT , THE SECOND , WHICH RELATES TO THE SAME EXPORT TRANSACTION , AUTOMATICALLY CEASES TO HAVE EFFECT AND MUST BE FORMALLY CANCELLED .
21 THE ANSWER TO THE QUESTION SUBMITTED TO THE COURT MUST THEREFORE BE THAT ARTICLE 9 ( 1 ) OF REGULATION NO 473/67 MUST BE INTERPRETED AS MEANING THAT THE PERIOD OF VALIDITY OF AN EXPORT LICENCE FOR WHICH THE REFUND HAS BEEN FIXED IN ADVANCE MAY BE EXTENDED FOR A PERIOD OF TIME WHICH HAS EXPIRED - THAT IS TO SAY , RETROACTIVELY - WHERE THE COMPETENT AUTHORITY HAS WRONGLY REFUSED TO GRANT IN DUE TIME AN EXTENSION JUSTIFIED BY A CASE OF FORCE MAJEURE AND WHERE AS A RESULT IT HAS BEEN NECESSARY FOR THE EXPORT TO BE EFFECTED ON THE BASIS OF A FRESH LICENCE RELATING TO THE SAME TRANSACTION ; IN SUCH A CASE , THE FRESH LICENCE HAS NO LEGAL EFFECT AND MUST BE FORMALLY CANCELLED .
Decision on costs
COSTS
22 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
23 AS THERE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS BEFORE THE BUNDESVERWALTUNGSGERICHT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER ),
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE BUNDESVERWALTUNGSGERICHT BY ORDER OF 17 DECEMBER 1981 , HEREBY RULES :
ARTICLE 9 ( 1 ) OF REGULATION NO 473/67 OF THE COMMISSION MUST BE INTERPRETED AS MEANING THAT THE PERIOD OF VALIDITY OF AN EXPORT