Opinion of Mr Advocate General Mischo delivered on 22 January 1991

1 Original language: French.

2 Sec, in particular, the judgment of 30 January 1974 in Case 158/73 Kampßneyer [197i] ECR 101, at paragraph 8.

3 That judgment concerns Commission Regulation No 473/67/EEC of 21 August 1967, on import and export licences for cereals, processed products derived from cereals, rice, broken rice and processed products derived from rice (JO 1967 L 204, p. 16), referred to below.

4 The words in parentheses appear only in the Theodorakis judgment.

5 See, on that point, the Court's judgment of 11 July 1968 in Cise 4/68 Scbwarzwaldmilch [19681 ECR 377, at 386), whence it follows that an event takes on an unusual character when it would have had to be considered as improbable by a prudent businessman exercising all due care. See also on that point Commission Communication C(88) 1696 concerning force majeure in European agricultural law (OJ C 259, p. 10, in particular paragraph 1.2. a) 1».

6 On lhe concept of excessive sacrifice, see, in particular, the judgment m ScbwarzwaldmikK as well as the judgment of 17 September 1970 in Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125, at paragraph 23.