E.G ., A CO-OPERATIVE SOCIETY WITH REGISTERED OFFICES IN MUNSTER ( WESTPHALIA ),
AND
BUNDESANSTALT FUR LANDWIRTSCHAFTLICHE MARKTORDNUNG ,
Subject of the case
ON THE DETERMINATION OF THE SYSTEM OF TIME-LIMITS AND LIMITATION PERIODS APPLICABLE TO CLAIMS FOR THE REPAYMENT OF PREMIUMS GRANTED UNDER COMMUNITY RULES FOR THE DENATURING OF COMMON WHEAT ,
Grounds
1 BY TWO ORDERS OF 12 JULY 1979 , RECEIVED AT THE COURT ON 30 JULY AND 7 AUGUST RESPECTIVELY , THE VERWALTUNGSGERICHT FRANKFURT AM MAIN REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY THREE QUESTIONS CONCERNING THE INTERPRETATION OF THREE REGULATIONS OF THE COMMISSION , NO 956/68 OF 12 JULY 1968 , NO 2086/68 OF 20 DECEMBER 1968 AND NO 1403/69 OF 19 JULY 1969 ON THE DENATURING OF COMMON WHEAT ( JOURNAL OFFICIEL L 164 , P . 9 AND L 307 , P . 13 ; OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1969 ( II ), P . 345 ), IN RELATION TO ACTIONS BROUGHT AGAINST THE DECISIONS ADOPTED BY THE GERMAN INTERVENTION AGENCY , THE BUNDESANSTALT FUR LANDWIRTSCHAFTLICHE MARKTORDNUNG , ON THE REPAYMENT OF DENATURING PREMIUMS WHICH HAD BEEN PAID WHEN THEY WERE NOT DUE . THE QUESTIONS ARE WORDED AS FOLLOWS :
( A ) IS THE QUESTION WITHIN WHAT PERIOD CLAIMS FOR REPAYMENT IN CONNEXION WITH THE GRANT OF DENATURING PREMIUMS WHICH HAVE BEEN PAID ON THE BASIS OF REGULATION ( EEC ) NO 956/68 OF 12 JULY 1968 , REGULATION ( EEC ) NO 2086/68 OF 20 DECEMBER 1968 AND REGULATION ( EEC ) NO 1403/69 OF 18 JULY 1969 MAY BE MADE TO BE DECIDED IN ACCORDANCE WITH THE LAW OF THE EUROPEAN COMMUNITIES?
( B ) IF QUESTION ( A ) MUST BE ANSWERED IN THE AFFIRMATIVE : ARE SUCH CLAIMS FOR REPAYMENT SUBJECT TO A LIMITATION PERIOD AT ALL AND , IF SO , WHAT PERIOD OF LIMITATION MUST BE TAKEN AS THE BASIS IN THIS INSTANCE?
( C)DOES EUROPEAN LAW RECOGNIZE THE PRINCIPLE ACCORDING TO WHICH CLAIMS FOR REPAYMENT OF THESE DENATURING PREMIUMS MADE AFTER THE EXPIRY OF THE PERIOD PRESCRIBED BY NATIONAL LAW FOR WHICH THE RECORDS RELATING TO THE DENATURING PROCESSES MUST BE PRESERVED ( SEVEN YEARS IN THIS CASE ) CAN NO LONGER BE FOUNDED ON THE GROUND THAT IT IS CLEAR FROM THE RECORDS OR OTHER DOCUMENTS STILL EXISTING THAT THE DENATURING PROCESSES WERE NOT CARRIED OUT PROPERLY?
2 ACCORDING TO THE FILE ON THE CASE THE PLAINTIFFS IN THE MAIN PROCEEDINGS , TWO AGRICULTURAL CO-OPERATIVES WITH REGISTERED PREMISES IN LAGE AND MUNSTER RESPECTIVELY , CARRIED OUT DENATURING PROCEDURES DURING A PERIOD FROM 1968 TO 1970 AND 1974 , AND ON THE BASIS THEREOF THEY OBTAINED THE DENATURING PREMIUMS PROVIDED FOR IN THE ABOVE-MENTIONED REGULATIONS . FOLLOWING INVESTIGATIONS CARRIED OUT IN RESPECT OF THE RECIPIENT UNDERTAKINGS THE INTERVENTION AGENCY FOUND THAT A NUMBER OF THE DENATURING PROCEDURES HAD NOT BEEN CARRIED OUT IN THE MANNER PRESCRIBED BY THE COMMUNITY REGULATIONS , AND IT ISSUED