62APOL also contends that since in the present case force majeure is not due to the conduct of the PAA administrator but to the fact that it was impossible to take initiatives as regards the activities of the facilities as a result of measures taken by the judicial authorities, the case-law according to which the conduct of a third party is an inherent part of the commercial risk and does not constitute a case of force majeure (Case 296/86 McNicholl [1988] ECR 1491 and Case 42/79 Milch-, Fett- und Eierkontor [1979] ECR 3703) bears no similarity to the present case and is therefore not relevant.
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