Opinion of the Advocate General — ECLI:EU:C:2003:17
Date: 2003-01-14
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: Italy

Summary of the Judgment 
1. Agriculture — Common organisation of the markets — Export refunds •— Produc­
tion of documentary evidence — Failure to meet the statutory deadline — Grant of 
extensions of time — Length within the discretion of the national authorities 
(Commission Regulation No 3665/87, Arts 47(4) and 48(2)) 
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SUMMARY — CASE C-467/01 
2. Agriculture — Common organisation of the markets — Export refunds — Produc­
tion of documentary evidence — Failure to meet the statutory deadline — Power of 
the Member States to grant extensions of time — Right to a legal remedy of an 
operator who has been refused an extension — Application of national law — Limits 
(Commission Regulation No 3665/87, Art. 47(4)) 
1. Since 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 1829/94, 
does not fix any limit to the length of 
the extensions of time which may be 
granted to exporters by virtue of 
Article 47(4) of that regulation for the 
production of documents relating to 
the completion of the export operation, 
it is for the competent national auth­
orities to fix the length of those periods 
in relation to the specific circumstances 
of each case, taking into account, in 
particular, the diligence shown by the 
exporter seeking an extension of time, 
the nature of the objective difficulties 
confronting him and the period of time 
reasonably necessary to overcome 
those difficulties. 
(see para. 48, operative part 1) 
2. Article 47(4) 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 1829/94, 
does not confer on exporters the right 
to obtain an extension of time of a 
certain duration for the production of 
documents relating to the completion 
of the export operation, on which they 
can rely directly before national courts. 
None the less, the exercise of the 
discretion conferred on the competent 
national authorities to grant extensions 
of time cannot exceed the limits dic­
tated by the purpose of that provision. 
The principle of effective judicial pro­
tection requires however that exporters 
have a legal remedy against decisions 
refusing them extensions of time taken 
by competent national authorities 
under the said Article 47(4) of the 
regulation. It is for each Member 
State's legal system to determine the 
conditions and detailed rules governing 
such legal remedies, in compliance with 
the principles of effectiveness and 
equivalence as defined by Community 
law. 
(see paras 58, 60, 63, operative part 2) 
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