Westphal (Agriculture and Fisheries - Judgment) French Text [2019] EUECJ C-378/18 (03 October 2019)

Westphal (Agriculture and Fisheries - Judgment) French Text [2019] EUECJ C-378/18 (03 October 2019)

Article 49(6) of Regulation No 2419/2001 must be interpreted as meaning that the starting point for the limitation period it provides is determined in accordance with Article 3(1) of Regulation No 2988/95, i.e., for continuous or repeated irregularities, from the day the irregularity ended.

Source-derived case information.

Citation
[2019] EUECJ C-378/18
Parties
Applicant: Landwirtschaftskammer Niedersachsen; Respondent: Reinhard Westphal; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Preliminary ruling issued; interpretation provided to the referring court.
Legal Topics
Prescription Period, Recovery of Undue Payments, Sanctions in EU Agricultural Aid, Retroactive Application of More Lenient Law
European Union Law Administrative Law Agricultural Law Prescription Period Recovery of Undue Payments Sanctions in EU Agricultural Aid Retroactive Application of More Lenient Law

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Parties

Landwirtschaftskammer Niedersachsen

Applicant

Reinhard Westphal

Respondent

Commission européenne

Intervener

Procedural Posture

Preliminary Reference / Judgment

  1. 1 What is the starting point for the limitation period under Article 49(6) of Regulation No 2419/2001?
  2. 2 Do the limitation rules constitute administrative sanctions under Article 2(2) of Regulation No 2988/95?
  3. 3 Can Article 52 bis of Regulation No 2419/2001 be analogously applied to Article 49(6)?

Ratio Decidendi

Article 49(6) of Regulation No 2419/2001 must be interpreted as meaning that the starting point for the limitation period it provides is determined in accordance with Article 3(1) of Regulation No 2988/95, i.e., for continuous or repeated irregularities, from the day the irregularity ended.

Court Disposition

Preliminary ruling issued; interpretation provided to the referring court.

Orders

  • Article 49(6) of Regulation No 2419/2001 is to be interpreted such that the starting point for the limitation period is determined by Article 3(1) of Regulation No 2988/95, corresponding, for continuous or repeated irregularities, to the day the irregularity ended.