Judgment_paragraph 2. · 68/77

2.Secondly, the applicant states that the Commission acted illegally in refusing to authorize the Federal Republic of Germany to permit it to import, under the conditions which apply to cases of force majeure, the 1900 tonnes of meat affected by the machines being put out of action. It is for the Commission to assess the scope of the concept of force majeure. In the circumstances of the case the Commission could by various means have made the competent German institution apply that principle, in particular by extending the application of Article 2 of Regulation No 2033/75 to cases of force majeure by giving the Federal Republic of Germany internal authorization to apply Article 20 of Regulation No 193/75, at least by analogy, due regard being paid as necessary to considerations of natural justice, or by recognizing force majeure as having the force of a general principle of law.In this connexion the applicant refers to the judgments of the Court in Case 25/70, Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Others, of 17 December 1970 [1970] ECR 1161, Case 36/70, Getreide Import v Einfuhr- und Vorratsstelle für Getreide und Futtermittel, of 16 December 1970, [1970] ECR 1107, and Case 3/73, Hessische Mehlindustrie Karl Schettler v Einfuhr- und Vorratsstelle für Getreide und Futtermittel, of 11 July 1973 [1973] ECR 745. In all those cases the Court recognized that it was proper to have recourse to the concept of force majeure when importation was impeded by circumstances outside the control of the holder of an import licence.In its judgment of 20 February 1975 in Case 64/74, Reich v Hauptzollamt Landau [1975] ECR 261, the Court found that special rules which provide for the case of force majeure are justified by reasons of natural justice. It accordingly applied the principle of force majeure by analogy to a case which was not expressly provided for.The Commission ought to have recognized that similar considerations applied in the present case.Finally, the applicant states that it is first and foremost for the Einfuhr- und Vorratsstelle to ascertain whether the conditions which constitute a case of force majeure are fulfilled in this case.