54As the French Government itself acknowledges, the concept of ‘unavoidable and extraordinary circumstances’, within the meaning of Article 12(2) and (3)(b) of Directive 2015/2302, is akin to the concept of ‘force majeure’ as defined in well-established case-law, namely as referring to circumstances beyond the control of the party claiming ‘force majeure’, which are abnormal and unforeseeable and the consequences of which could not have been avoided despite the exercise of all due diligence (judgment of 4 March 2010, Commission v Italy, C‑297/08, EU:C:2010:115, paragraph 85). Thus, despite the absence of any reference to force majeure in that directive, the concept of ‘unavoidable and extraordinary circumstances’ gives concrete expression to the concept of ‘force majeure’ in the context of that directive.
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