Opinion of the Advocate General — ECLI:EU:C:2007:137
Date: 2007-03-06
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 – Conditions for granting (Commission Regulation No 3665/87, as amended by Regulation No 2955/94, Art. 47(2) and (3)) Article 47(3) 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 2955/94, which provides that the exporter may submit to the competent agency a reasoned request for other documents to be deemed equivalent if the control copy referred to in Article 6 of that regulation is not returned to the office of departure or the central body within three months of issue owing to circumstances beyond the control of the exporter, does not apply to the direct export of products. Where, however, as a result of circumstances beyond the control of the exporter, the national export document proving that the products in question have left the customs territory of the Community cannot be produced, the national authorities competent for export refunds must, in accordance with the objectives of Regulation No 3665/87, as amended by Regulation No 2955/94, take into account of their own motion equivalent means of proof and implied requests for documents to be treated as equivalent. Those means of proof must nevertheless be just as satisfactory for the purpose of the verification in accordance with the detailed rules laid down by national law, provided that those rules respect the scope and effectiveness of Community law. Where the passing of the deadline for furnishing equivalent means of proof is attributable to the competent national authorities, they cannot rely on the 12-month period laid down by Article 47(2) of Regulation No 3665/87, as amended by Regulation No 2955/94, as against a diligent exporter. (see paras 32, 51, operative part)