FOR THE INTRODUCTION OF A REQUEST FOR THE CONSIDERATION OF CIRCUMSTANCES OF FORCE MAJEURE, BUT IT NEVERTHELESS REQUIRES THE IMPORTERS OR EXPORTERS CONCERNED TO SUBSTANTIATE THEIR CLAIMS IN THE FULLEST POSSIBLE MANNER .
Parties
IN CASE 3/74
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE BUNDESVERWALTUNGSGERICHT FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
EINFUHR - UND VORRATSSTELLE FUER GETREIDE UND FUTTERMITTEL, FRANKFURT-ON-MAIN
AND
WILHELM PFUETZENREUTER, DUESSELDORF-BENRATH,
Subject of the case
ON THE INTERPRETATION OF ARTICLES 3, 7 ( 2 ) AND 8 ( 2 ) OF REGULATION NO 102/64 OF THE COMMISSION OF 28 JULY 1964, ON IMPORT AND EXPORT LICENCES FOR CEREALS, PROCESSED CEREAL PRODUCTS, RICE, BROKEN RICE AND PROCESSED RICE PRODUCTS ( OJ NO L 126 OF 6 AUGUST 1964, P . 2125 ),
Grounds
1 BY ORDER OF 16 NOVEMBER 1973, REGISTERED AT THE COURT ON 11 JANUARY 1974, THE BUNDESVERWALTUNGSGERICHT REFERRED TO THE COURT, PURSUANT TO ARTICLE 177 OF THE EEC TREATY, TWO QUESTIONS ON THE INTERPRETATION OF REGULATION NO 102/64 OF THE COMMISSION, OF 28 JULY 1964, ON IMPORT AND EXPORT LICENCES FOR CEREALS, PROCESSED CEREAL PRODUCTS, RICE, BROKEN RICE AND PROCESSED RICE PRODUCTS ( OJ NO 126, P . 2125 ).
2 ACCORDING TO THE ORDER FOR REFERENCE, THE MAIN ACTION IS ESSENTIALLY CONCERNED WITH THE QUESTIONS WHETHER CERTAIN IMPORTS OF BREWING BARLEY, EFFECTED IN 1967, WERE COMPLETED DURING THE PERIOD OF VALIDITY OF THE IMPORT LICENCES UPON WHICH THEY WERE ENTERED AND IF, ACCORDINGLY, THE SECURITY FURNISHED PURSUANT TO ARTICLE 7 OF THE REGULATION SHOULD BE RELEASED .
3 IN THIS CASE THE IMPORTER, THE PLAINTIFF IN THE MAIN ACTION, SUBMITTED THE AMOUNT IN QUESTION, LOADED ON BOARD SHIP, TO THE CUSTOMS OFFICE AT EMMERICH-HAFEN ON 31 MAY 1967, THE FINAL DAY OF THE PERIOD OF VALIDITY OF THE LICENCES IN QUESTION . ON THE SAME DAY THE CUSTOMS OFFICE CERTIFIED THAT THE GOODS HAD CROSSED THE FRONTIER AND PLACED THE CARGO UNDER CUSTOMS BOND FOR THE PURPOSE OF ITS TRANSPORTATION TO THE CUSTOMS OFFICE IN DUESSELDORF WHERE IT WAS GIVEN CUSTOMS CLEARANCE, UNLOADED AND PUT INTO FREE CIRCULATION ON 5 JUNE 1967 .
4 THIS PROCEDURE IS EXPLAINED BY THE FACT THAT THE DOCUMENTS NECESSARY FOR CUSTOMS CLEARANCE, NOTABLY THE IMPORT LICENCES, COULD NOT BE SUBMITTED IN GOOD TIME TO THE AUTHORITIES AT EMMERICH-HAFEN BECAUSE THE IMPORTER HAD REQUIRED THEM, ON 24 MAY 1967, FOR THE CUSTOMS CLEARANCE OF A PREVIOUS QUANTITY BY THE CUSTOMS OFFICES AT ANDERNACH AND DUESSELDORF . THE LICENCES HAD BEEN RETURNED BY POST AND HAD NOT YET REACHED EMMERICH-HAFEN AT THAT TIME .
AS TO THE FIRST QUESTION
5 ARTICLE 7 ( 2 ) OF REGULATION NO 102/64 LAYS DOWN : 'SUBJECT TO THE PROVISIONS OF ARTICLE 8, WHERE THE OBLIGATION TO IMPORT OR EXPORT HAS NOT BEEN FULFILLED DURING THE PERIOD OF VALIDITY OF THE LICENCE, THE SECURITY SHALL BE FORFEIT ...
6 AS REGARDS THE MARKET IN CEREALS, THIS PROVISION IS BASED UPON ARTICLE 16