# C_2010148EN.01001402.xml

| 5.6.2010 | EN | Official Journal of the European Union | C 148/14 |
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5.6.2010

EN

Official Journal of the European Union

C 148/14

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Reference for a preliminary ruling from the Tribunal de première instance de Bruxelles (Belgium) lodged on 12 March 2010 — Corman SA v Bureau d'intervention et de restitution belge (BIRB)

(Case C-131/10)

2010/C 148/22

Language of the case: French

Referring court

Referring court

Tribunal de première instance de Bruxelles

Parties to the main proceedings

Parties to the main proceedings

Applicant: Corman SA

Applicant:

Defendant: Bureau d'intervention et de restitution belge (BIRB)

Defendant:

Questions referred

Questions referred

| 1. | Can the provisions of [Commission] Regulation No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs, (1) a regulation which implements [Council] Regulation No 1255/99 [of 17 May 1999 ] on the common organisation of the market in milk and milk products, (2) be regarded as constituting sectoral Community rules derogating from Article 3(1) of Regulation No 2988/95 of 18 December 1995 (3) and preventing the application of national provisions on limitation? |
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1.

Can the provisions of [Commission] Regulation No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs, (1) a regulation which implements [Council] Regulation No 1255/99 [of 17 May 1999 ] on the common organisation of the market in milk and milk products, (2) be regarded as constituting sectoral Community rules derogating from Article 3(1) of Regulation No 2988/95 of 18 December 1995 (3) and preventing the application of national provisions on limitation?

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| 2. | Must Article 3(3) of Regulation No 2988/95 of 18 December 1995 be construed as only applying to instances where the irregularity is committed by the recipient of the subsidy, whilst the general rule of limitation after four years applies in all cases of irregularities committed by persons with whom the recipient has entered into contracts, in view of the maximum period of four years applicable to the [Community] rules governing contracting parties under the common organisation of the market in milk and milk products? |
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2.

Must Article 3(3) of Regulation No 2988/95 of 18 December 1995 be construed as only applying to instances where the irregularity is committed by the recipient of the subsidy, whilst the general rule of limitation after four years applies in all cases of irregularities committed by persons with whom the recipient has entered into contracts, in view of the maximum period of four years applicable to the [Community] rules governing contracting parties under the common organisation of the market in milk and milk products?

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(1)  OJ 1997 L 350, p. 3.

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(2)  OJ 1999 L 160, p. 48.

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(3)  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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