# C_2011072EN.01000401.xml

| 5.3.2011 | EN | Official Journal of the European Union | C 72/4 |
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5.3.2011

EN

Official Journal of the European Union

C 72/4

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Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 2 December 2010 — Bundesanstalt für Landwirtschaft und Ernährung v Pfeifer & Langen Kommanditgesellschaft

(Case C-564/10)

2011/C 72/06

Language of the case: German

Referring court

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Parties to the main proceedings

Appellant: Bundesanstalt für Landwirtschaft und Ernährung

Appellant:

Respondent: Pfeifer & Langen Kommanditgesellschaft

Respondent:

Questions referred

Questions referred

| 1. | Does Article 3 of the Regulation (1) apply also to the limitation period for claims in respect of interest due under national law in addition to the repayment of the advantage wrongly obtained on the basis of an irregularity? |
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1.

Does Article 3 of the Regulation (1) apply also to the limitation period for claims in respect of interest due under national law in addition to the repayment of the advantage wrongly obtained on the basis of an irregularity?

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| 2. | If the answer to question 1 is in the affirmative: Is the length of the limitation period alone to be taken into account in the comparison of limitation periods provided for in Article 3(3) of the Regulation, or is it also necessary to take into account national legislation that postpones commencement of the limitation period to the end of the calendar year in which a claim arises (in this case, a claim in respect of interest), without any other circumstances being required? |
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2.

If the answer to question 1 is in the affirmative: Is the length of the limitation period alone to be taken into account in the comparison of limitation periods provided for in Article 3(3) of the Regulation, or is it also necessary to take into account national legislation that postpones commencement of the limitation period to the end of the calendar year in which a claim arises (in this case, a claim in respect of interest), without any other circumstances being required?

| 3. | Does the limitation period for claims in respect of interest begin to run when an irregularity is committed or when a continuous or repeated irregularity ceases even if the claims in respect of interest relate to later periods and therefore do not arise until a later date? In the case of continuous or repeated irregularities, is commencement of the limitation period postponed under the second subparagraph of Article 3(1) of the Regulation until the day on which the irregularity ceases in the case of claims in respect of interest as well? |
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3.

Does the limitation period for claims in respect of interest begin to run when an irregularity is committed or when a continuous or repeated irregularity ceases even if the claims in respect of interest relate to later periods and therefore do not arise until a later date? In the case of continuous or repeated irregularities, is commencement of the limitation period postponed under the second subparagraph of Article 3(1) of the Regulation until the day on which the irregularity ceases in the case of claims in respect of interest as well?

| 4. | When does the interrupting effect of a decision by a competent authority come to an end under the second sentence of the third subparagraph of Article 3(1) of the Regulation where that decision essentially establishes the claim in question (in this case, a claim in respect of interest)? |
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4.

When does the interrupting effect of a decision by a competent authority come to an end under the second sentence of the third subparagraph of Article 3(1) of the Regulation where that decision essentially establishes the claim in question (in this case, a claim in respect of interest)?

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(1)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ 1995 L 312, p. 1).

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