Opinion of the Advocate General — ECLI:EU:C:2005:584
Date: 2005-09-29
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Monetary measures in the field of agriculture
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Agriculture – Common organisation of the markets – Export refunds (Commission Regulation No 3665/87, Art. 11(1), subpara. 1, and (3), subpara. 1) The first subparagraph of Article 11(1) of Regulation (EEC) 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 2945/94, must be interpreted as meaning that, in an appeal against a decision imposing a sanction on the basis of that provision, the national authorities and courts are entitled to examine whether the exporter requested a refund in excess of that applicable within the meaning of that provision, notwithstanding the fact that a reimbursement decision provided for in the first subparagraph of Article 11(3) of that regulation has become final before the decision imposing a sanction was issued. The principles of legality and legal certainty require that, in the context of a review of the legality of a decision imposing a sanction adopted under that provision, the national authorities and courts are able to examine whether the exporter has in fact requested a refund in excess of that applicable within the meaning of that provision, regardless of the fact that a prior reimbursement decision issued on the basis of the first subparagraph of Article 11(3) has become final. (see paras 18-19, operative part)