TO BE THREATENED AS A RESULT OF IMPORTS BY SERIOUS DISTURBANCES WHICH ARE LIKELY TO JEOPARDIZE THE OBJECTIVES OF ARTICLE 39 OF THE TREATY ' AND THAT IMPORTATION OF SEASONED MEATS EXEMPTED FROM THE PROTECTIVE MEASURES HAD ' REACHED A LEVEL INCOMPATIBLE WITH SOUND MANAGEMENT OF THE MARKET ' .
NOTHING WARRANTS THE CONCLUSION THAT , IN THUS DESCRIBING THE SITUATION ON THE MARKET , THE COMMISSION EXCEEDED THE LIMITS OF ITS DISCRETIONARY POWERS UNDER REGULATION NO 805/68 .
THIS SUBMISSION CANNOT THEREFORE BE UPHELD .
7THE APPLICANT FURTHER CLAIMS THAT THE COMMISSION INFRINGED THE PRINCIPLE OF RESPECT FOR LEGITIMATE EXPECTATION BY NOT ADOPTING A TRANSITIONAL MEASURE WHICH , EVEN AFTER THE ENTRY INTO FORCE OF THE REGULATION OF 1 SEPTEMBER 1975 , WOULD HAVE ENABLED CONTRACTS CONCLUDED BEFORE 6 AUGUST 1975 , THE DATE OF PUBLICATION OF THE REGULATION , TO RECEIVE THE BENEFIT OF THE CONDITIONS FOR IMPORTATION ARISING UNDER THE PREVIOUS REGULATIONS .
HOWEVER , THE IMPORT SYSTEM AT ISSUE REQUIRED NO PREVIOUS AUTHORIZATION OR ANY FIRM COMMITMENT ON THE PART OF THE PERSON CONCERNED WITH RESPECT TO THE AUTHORITIES RESPONSIBLE FOR THE MANAGEMENT OF THE ORGANIZATION OF THE MARKETS IN QUESTION AND THE COMMISSION CONVEYED NOTHING TO IMPORTERS WHICH COULD HAVE JUSTIFIED THE EXPECTATION THAT , REGARDLESS OF THE DEVELOPMENT OF CONDITIONS ON THE MARKET , THE PREVIOUS RULES WOULD BE MAINTAINED WITHOUT ALTERATION DURING THE TIME WHEN PRIOR CONTRACTS WERE TO BE PERFORMED .
THIS SUBMISSION MUST , ACCORDINGLY , ALSO BE REJECTED .
9FINALLY , THE APPLICANT CLAIMS THAT THE COMMUNITY INCURS LIABILITY BECAUSE THE COMMISSION REFUSED TO TAKE ACCOUNT OF FORCE MAJEURE , WHICH PREVENTED THE PERFORMANCE OF THE CONTRACT BEFORE THE ENTRY INTO FORCE OF REGULATION NO 2033/75 .
THE APPLICANT CLAIMS , FIRST , THAT THE CONDITIONS ARE SATISFIED FOR THE APPLICATION BY ANALOGY OF ARTICLE 20 OF REGULATION NO 193/75 OF THE COMMISSION OF 17 JANUARY 1975 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 L 25 OF 31 JANUARY 1975 , P . 10 ) AND , SECONDLY , THAT THE TAKING INTO ACCOUNT OF FORCE MAJEURE IS GOVERNED BY A GENERAL LEGAL PRINCIPLE WHICH BINDS THE COMMISSION EVEN IN THE ABSENCE OF EXPRESS AUTHORIZATION .
10ARTICLE 20 OF REGULATION NO 193/75 PROVIDES THAT WHERE AS A RESULT OF FORCE MAJEURE IMPORTATION OR EXPORTATION CANNOT BE EFFECTED DURING THE PERIOD OF VALIDITY OF THE LICENCE OR CERTIFICATE , THE COMPETENT AGENCY SHALL EITHER CANCEL THE OBLIGATION TO IMPORT OR EXPORT , THE SECURITY BEING RELEASED , OR EXTEND THE PERIOD OF VALIDITY OF THE LICENCE OR CERTIFICATE .
IT IS CLEAR FROM THE WORDING OF THAT PROVISION THAT IT COVERS A SITUATION WHERE THE PERSON CONCERNED HAS UNDERTAKEN A SPECIFIC COMMITMENT WITH RESPECT TO A COMPETENT AGENCY AND WILL , IF THAT COMMITMENT IS BREACHED , BE LIABLE TO A PENALTY IN THE FORM OF LOSS OF A SECURITY UNLESS HE