# C_2016441EN.01001001.xml

| 28.11.2016 | EN | Official Journal of the European Union | C 441/10 |
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28.11.2016

EN

Official Journal of the European Union

C 441/10

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Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 14 September 2016 — Instituto de Financiamento da Agricultura e Pescas IP v Maxiflor — Promoção e Comercialização de Plantas, Importação e Exportação, Lda

(Case C-491/16)

(2016/C 441/13)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Applicant: Instituto de Financiamento da Agricultura e Pescas IP

Defendant: Maxiflor — Promoção e Comercialização de Plantas, Importação e Exportação, Lda

Questions referred

| 1. | Must the Operational Programme for Rural Development, (‘the AGRO Programme’) be considered a ‘multiannual programme’ within the meaning of Article 14 of Council Regulation (EC) No 1260/1999 (1) of 21 June 1999 (repealed by Article 107 of Council Regulation (EC) No 1083/2006 (2) of 11 July 2006, without prejudice to Article 105(1) thereof)? |
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1.

Must the Operational Programme for Rural Development, (‘the AGRO Programme’) be considered a ‘multiannual programme’ within the meaning of Article 14 of Council Regulation (EC) No 1260/1999 (1) of 21 June 1999 (repealed by Article 107 of Council Regulation (EC) No 1083/2006 (2) of 11 July 2006, without prejudice to Article 105(1) thereof)?

| 2. | Must the AGRO Programme be considered a ‘multiannual programme’ within the meaning of the second sentence of the second paragraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 (3) of 18 December 1995, according to which ‘in the case of multiannual programmes, the limitation period shall in any case run until the programme is definitively terminated’? |
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2.

Must the AGRO Programme be considered a ‘multiannual programme’ within the meaning of the second sentence of the second paragraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 (3) of 18 December 1995, according to which ‘in the case of multiannual programmes, the limitation period shall in any case run until the programme is definitively terminated’?

| 3. | In the event that the AGRO Programme is considered a ‘multiannual programme’ within the meaning of the second sentence of the second paragraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95:






  — | Is the limitation period for the administrative measures conducted pursuant to that programme subject to expiry after 4 years, as set out in Article 3(1)? |
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3.

In the event that the AGRO Programme is considered a ‘multiannual programme’ within the meaning of the second sentence of the second paragraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95:

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Is the limitation period for the administrative measures conducted pursuant to that programme subject to expiry after 4 years, as set out in Article 3(1)?

| — | If the limitation period of 4 years ends before the termination of the programme, does this result in expiry, or |
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If the limitation period of 4 years ends before the termination of the programme, does this result in expiry, or

| — | In view of the provision in the second sentence of the second paragraph of Article 3(1) of Regulation No 2988/95, is the dies ad quem of the limitation period extended, so that it coincides with the date when the ‘[multiannual] programme is definitively terminated’? |
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In view of the provision in the second sentence of the second paragraph of Article 3(1) of Regulation No 2988/95, is the dies ad quem of the limitation period extended, so that it coincides with the date when the ‘[multiannual] programme is definitively terminated’?

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(1)  Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1).

(2)  Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ 2006 L 210, p. 25).

(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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