Judgment of the Court (Second Chamber) 5 February 1987

In Case 145/85 REFERENCE to the Court under Article 177 of the EEC Treaty by the Rechtbank van Eerste Aanleg [Court of First Instance], Brussels, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber) composed of: T. F. O'Higgins, President of the Chamber, O. Due and K. Bahlmann, Judges Advocate General: J. Mischo Registrar: K. Riechenberg, acting as Administrator,

after considering the observations submitted on behalf of Denkavit België NV, the plaintiff in the main proceedings, by M. Gheysen, of the Antwerp Bar, the Belgian State, the defendant in the main proceedings, by L. Delwaide, of the Antwerp Bar, the Commission of the European Communities, by R. C. Fischer, Legal Adviser,

having regard to the Report for the Hearing and further to the hearing on 10 June 1986,

after hearing the Opinion of the Advocate General delivered at the sittine on 23 September 1986,

gives the following

Judgment

The starting point for the two-month payment period (first question)

The concept of force majeure (second and third questions)

Costs

1 Language of the Case: Dutch.