Source: All England Reporter
Publisher Citation: [2010] All ER (D) 33 (Nov)
Court: Court of Justice of the European Union (Fourth Chamber)
Judge:

Judges Bonichot (President of the Chamber), Schiemann, Bay Larsen, Toader (Rapporteur), and Prechal
Judgment Dates: 28 October 2010

Catchwords

European Union - European Community - Financial interests of European Union - Act detrimental to financial interests of EU - Meaning of 'economic operator' - Persons taking part in irregularity - Persons under duty to take responsibility for ensuring irregularity not committed - Administrative penalty - Direct effect - Limitation period for proceedings - Interpretation of relevant regulations - Commission Regulation (EEC) 3665/87, art 11 - Council Regulation (EC, Euratom) 2988/95, arts 3(1), 5, 7.

The Case

European Union European Community. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of arts3(1), 5 and 7 of Council Regulation (EC, Euratom)2988-95 (on the protection of the European Communities financial interests) made in proceedings concerning the imposition of a penalty on the first defendant for having enabled the second defendant to obtain an export refund to which it was not entitled.

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