Judgment_paragraph 6 · Fratelli Pardini SpA (808/79)

6In this regard, it is also necessary to cite the judgment of 30 January 1974 in Case 158/73, Kampffineyer v Einfuhr- und Vorratsstelle für Getreide und Futtermittel [1974] ECR 101, where, in reply to preliminary questions submitted in the context of a dispute concerning the release of the security following the loss of a licence, the Court held that “the loss of an import licence constitutes a case of force majeure within the meaning of Article 18 of Regulation No 1373/70 (the provision corresponding to Article 20 of Regulation No 193/75) when such loss occurs despite the fact that the titular holder of the licence has taken all the precautions which could reasonably be expected of a prudent and diligent trader”. It is therefore settled that if the titular holder cannot perform the transaction as a result of the loss of the licence in such circumstances he may obtain the release of the security. Further, he may, in accordance with the general rules, obtain a fresh licence, where appropriate with a fresh advance fixing, but at the rate applicable on the date on which the application for the fresh licence is submitted.

Fratelli Pardini SpA (808/79)

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