COPY MAY ALSO AMOUNT TO DUE CARE . ON THE OTHER HAND , THE DUTY TO EXERCISE DUE CARE DOES NOT END WITH THE EXPIRY OF THE SIX-MONTH PERIOD SINCE EVEN AFTER ITS EXPIRY THE TRADER MUST SUBSTANTIATE HIS CLAIMS IN THE FULLEST POSSIBLE MANNER . TO THAT END HE MAY SUPPLY OTHER DOCUMENTS WHICH ARE CONSIDERED EQUIVALENT UNDER THE RELEVANT RULES OF COMMUNITY LAW .
27 IT SHOULD BE NOTED THAT , ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , THE CONCEPT OF FORCE MAJEURE MUST BE UNDERSTOOD IN THE SENSE OF UNUSUAL AND UNFORESEEABLE CIRCUMSTANCES , BEYOND THE TRADER ' S CONTROL , THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED . THAT CONCEPT MUST BE CONSIDERED IN RELATION TO THE PROVISIONS OF EACH REGULATION IN WHICH THE TERM ' FORCE MAJEURE ' APPEARS .
28 ARTICLE 11 ( 5 ) OF REGULATION NO 1380/75 HAS LAID DOWN FOR THE BENEFIT OF THOSE CONCERNED A SPECIAL PROCEDURE DEALING PRECISELY WITH CASES WHERE THE CONTROL COPY IS NOT RETURNED TO THE OFFICE OF DEPARTURE OR RELEVANT CENTRAL BODY WITHIN THREE MONTHS OF ITS ISSUE . UNDER THAT PROCEDURE , THE PERSON CONCERNED MAY MAKE APPLI CATION TO THE COMPETENT AGENCY FOR OTHER DOCUMENTS TO BE ACCEPTED AS EQUIVALENT , AND THEREBY AVOID THE CONSEQUENCES OF THE LOSS OF THE T5 DOCUMENT . UNDER THE SYSTEM SET UP BY REGULATION NO 1380/75 , A DILIGENT TRADER MUST MAKE AN APPLICATION AS EARLY AS POSSIBLE AND IN ANY EVENT BEFORE THE EXPIRY OF THE SIX-MONTH PERIOD PRESCRIBED BY ARTICLE 15 . A PERSON WHO DOES NOT AVAIL HIMSELF OF THAT OPPORTUNITY CANNOT RELY ON FORCE MAJEURE AS PROVIDED FOR BY ARTICLE 15 .
29 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT WHERE THE T5 CONTROL COPY HAS NOT BEEN RETURNED THE PERSON CONCERNED MAY NOT PLEAD FORCE MAJEURE IF HE HAS NOT TAKEN THE NECESSARY STEPS TO AVOID THE CONSEQUENCES OF THE FAILURE TO RETURN THAT FORM AND , IN PARTICULAR , IF HE FAILED TO MAKE AN APPLICATION , BEFORE THE EXPIRY OF THE SIX-MONTH PERIOD , FOR OTHER DOCUMENTS TO BE ACCEPTED AS EQUIVALENT PURSUANT TO ARTICLE 11 ( 5 ) OF REGULATION NO 1380/75 .
Decision on costs
COSTS
30 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIFTH CHAMBER ),
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE TRIBUNAL ADMINISTRATIF , ROUEN , BY JUDGMENT OF 9 NOVEMBER 1984 , HEREBY RULES :
( 1 ) CONSIDERATION OF THE QUESTIONS RAISED HAS