Judgment — ECLI:EU:C:2009:172
Date: 2009-03-19
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Monetary measures in the field of agriculture
Concepts: Export refunds
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment Agriculture – Common organisation of the markets – Export refunds – Variable refund (Commission Regulation No 3665/87, Arts 3(5), 11(1) and 47(1) and (2)) Article 11(1) of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Regulation No 495/97, must be interpreted as meaning that, in the case of a differentiated refund, the differentiated part of the refund is requested not at the time of presentation of the application provided for in Article 47(1) of Regulation No 3665/87 or of the documents relating to payment of the refund provided for in Article 47(2) of that regulation, but as soon as the document referred to in Article 3(5) of the regulation is presented. The inclusion in that document of information capable of leading to a refund in excess of the refund applicable and which is found to be incorrect gives rise, as a result, subject to the cases laid down in the third and seventh subparagraphs of Article 11(1) of that regulation, to the imposition of the penalty prescribed in the first and second subparagraphs of Article 11(1). (see para. 45, operative part)