Source: All England Reporter
Publisher Citation: [2006] All ER (D) 74 (Apr)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (President of the Chamber), Schiemann, Colneric, Juhasz (Rapporteur) and Levits

Judgment Dates: 6 April 2006

Catchwords

European Community - Reference to European Court - Reference for a preliminary ruling - Agriculture - Export refunds - Sanction applying following decision to recover refund that had become final - Interpretation of regulation - Whether re-examination of decision imposing sanction possible - Commission Regulation (EEC) 3665/87, arts 11(1), 11(3).

The Case

The first subpara of art11(1) of Commission Regulation (EEC) No 3665-87 (laying down common detailed rules for the application of the system of export refunds on agricultural products), as amended by Commission Regulation No 2945-94, had to be interpreted as meaning that, in an appeal against a decision imposing a sanction on the basis of that provision, the national authorities and courts were entitled to examine whether the exporter had requested a refund in excess of that applicable within the meaning of that provision, notwithstanding the fact that a reimbursement decision provided for in the first subpara of art11(3) had become final before the decision imposing a sanction was issued.

Practice Areas

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