Luxembourg, 28/10/2003 (Agence Europe) - The German company Helm Düngemittel of Hamburg has stated that the export restrictions imposed by China were "perfectly unforeseeable" and constitute a case of force majeure which it can bring to the European Commission.
Helm Düngemittel is asking the Court of First Instance of the EU to cancel the European Commission's decision deducting 300,000 EUR from a contract to supply chemical fertiliser from North Korea. The reason was that the fertiliser had been delivered late.
The German company, which won the contract following a call for tenders launched by the Commission, explained that it intended to source the fertiliser on the Chinese market, and their late delivery was due to export restrictions imposed by China.