) OF REGULATION NO 473/67/EEC THAT THE EXISTENCE OF A CASE OF FORCE MAJEURE IS A CONDITION WHICH IS BOTH NECESSARY AND SUFFICIENT FOR THE EXTENSION OF THE PERIOD OF VALIDITY OF A LICENCE FOR THE IMPORT OR EXPORT OF CEREALS .
13 CONSEQUENTLY , IF IN THE VIEW OF THE NATIONAL AUTHORITIES , WHICH IN SUCH A MATTER ARE SUBJECT TO THE JURISDICTION OF THE COMPETENT COURTS , THE EXISTENCE OF A CASE OF FORCE MAJEURE CANNOT OR CAN NO LONGER BE DISPUTED , THE IMPORTERS AND EXPORTERS CONCERNED ARE ENTITLED ON DEMAND TO AN EXTENSION OF THE PERIOD OF VALIDITY OF THE LICENCES .
14 IN RELATION TO THE QUESTION OF THE RETROACTIVE EXTENSION OF THE PERIOD OF VALIDITY OF THE EXPORT LICENCE , IT MUST BE STATED THAT THE PLAINTIFF ' S RIGHT TO SUCH AN EXTENSION IS INTENDED TO ENABLE IT TO EFFECT THE EXPORT TRANSACTION AT THE RATE OF REFUND FIXED IN ADVANCE IN THAT LICENCE IN SPITE OF THE OBSTACLES ARISING OUT OF THE EVENTS WHICH HAVE CONSTITUTED FORCE MAJEURE ; ITS RIGHT MUST THEREFORE BE SUCH AS TO PRODUCE ALL THE EFFECTS NECESSARY FOR THAT PURPOSE .
15 IN SO FAR AS THE NARROWLY-DEFINED EXCEPTIONS , WHICH ARE RESTRICTED TO CASES OF FORCE MAJEURE , DO NOT IN PRINCIPLE AFFECT THE RELIABILITY OF THE LICENSING SYSTEM , THE EFFECTS OF A DECISION TO EXTEND THE PERIOD OF VALIDITY OF AN EXPORT LICENCE TAKEN BECAUSE OF THE EXISTENCE OF A CASE OF FORCE MAJEURE MUST COME INTO PLAY REGARDLESS OF WHETHER SUCH EXTENSION OCCURS BEFORE OR AFTER THE EXPIRY OF THE PERIOD OF VALIDITY OF THE LICENCE .
16 THAT SOLUTION IS ALSO DESIRABLE ON GROUNDS CONNECTED WITH THE LEGAL PROTECTION OF THE LICENCE HOLDER , SINCE IF THERE IS NO POSSIBILITY OF RETROACTIVE EXTENSION HE CANNOT ENJOY THE RIGHTS CONFERRED UPON HIM BY ARTICLE 9 OF REGULATION NO 473/67/EEC .
17 IT MUST ALSO BE BORNE IN MIND THAT THE COURT HAS ACCEPTED THAT IT IS PERMISSIBLE , IN THE EVENT OF THE LOSS OF A LICENCE WHICH CONSTITUTES A CASE OF FORCE MAJEURE FOR A REQUEST TO BE MADE PURSUANT TO ARTICLE 18 ( 1 ) OF REGULATION NO 1373/70/EEC OF THE COMMISSION ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1970 ( II ), P . 439 ) AFTER THE PERIOD OF VALIDITY OF THE LICENCE HAS EXPIRED ( JUDGMENT OF 30 JANUARY 1974 IN CASE 158/73 , KAMPFFMEYER V EINFUHR- UND VORRATSSTELLE FUR GETREIDE UND FUTTERMITTEL ( 1974 ) ECR 101 ). IN ADDITION , THE VALIDITY OF SUCH RETROACTIVE EXTENSION MAY BE INFERRED FROM A PROVISION WHICH WAS LAID DOWN AFTER THE MATERIAL EVENTS IN THIS CASE , NAMELY ARTICLE 36 ( 2 ) 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 ),