No, that was random non sense from Frogwares. The court explicitly disagreed on this point in October (two months after the article you are posting). They seem to have a terrible lawyer.

The appeal court threw away the Force Majeur argument because both actors demonstrably kept b'their activity going as usual and it would have been an argument in favor of Nacon anyway. Force Majeur would have justified them not fulfilling their part as a distributor but they demonstrably did.

The court stated that the termination of the contract wasn't legal because Frogwares had no basis to terminate it. Frogwares alleges that Nacon didn't pay them all they were due. Nacon disagrees and states that they correctly paid royalties minus the costs of distribution per the contract. Frogwares did ask to see proofs of these costs and gave Bacon a month to produce them. They then used Nacon's failure to do so as reason to terminate. However, as stated by the court, that was never what was planned in the contract. While Frogwares has a right to audit Nacon (which they didn't properly use), Nacon is under no obligation to send them arbitrary documents.

Note that it remains entirely possible that Nacon is actually underpaying Frogwares. It's just they went at it in an utterly stupid way.