Judgment of the Court (Second Chamber) of 12 June 1980. - Lippische Hauptgenossenschaft eG et Westfälische Central-Genossenschaft eG v Bundesanstalt für landwirtschaftliche Marktordnung. - References for a preliminary ruling: Verwaltungsgericht Frankfurt am Main - Germany. - Denaturing premiums - repayment. - Joined cases 119/79 and 126/79.
European Court reports 1980 Page 01863
Greek special edition Page 00257
Swedish special edition Page 00219
Finnish special edition Page 00225
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - DENATURING PREMIUM FOR COMMON WHEAT - GRANT - COMMON RULES - NATIONAL INTERVENTION AGENCIES RESPONSIBLE FOR MANAGEMENT - SUPERVISORY FUNCTION
( REGULATIONS NOS 956/68 , 2086/68 AND 1403/68 OF THE COMMISSION )
2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - CEREALS - DENATURING PREMIUM FOR COMMON WHEAT - REPAYMENT OF PREMIUMS PAID IN ERROR - LIMITATION PERIOD - APPLICATION OF NATIONAL LAW - CONDITIONS
Summary
1 . ACCORDING TO THE GENERAL CONCEPTION UNDERLYING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS THE GRANTING OF DENATURING PREMIUMS PROVIDED FOR IN REGULATIONS NOS 956/68 , 2086/68 AND 1403/69 ON THE DENATURING OF COMMON WHEAT IS SUBJECT TO A SET OF COMMON RULES WHICH ARE APPLICABLE UNIFORMLY THROUGHOUT THE COMMUNITY . HOWEVER , MANAGEMENT OF THAT INTERVENTION MECHANISM IS THE TASK OF THE NATIONAL INTERVENTION AGENCIES , WHICH ARE REQUIRED TO PERFORM ALL THE SUPERVISORY DUTIES NECESSARY IN ORDER TO ENSURE THAT DENATURING PREMIUMS ARE GRANTED ONLY IN ACCORDANCE WITH THE CONDITIONS LAID DOWN BY THE COMMUNITY RULES AND THAT ANY INFRINGEMENT OF THE RULES OF COMMUNITY LAW BY THOSE OPERATING ON THE MARKET IS APPROPRIATELY PENALIZED .
2 . THE QUESTION WITHIN WHAT PERIOD A NATIONAL INTERVENTION AGENCY MAY CLAIM FROM RECIPIENTS REPAYMENT OF PREMIUMS WRONGLY PAID IN RESPECT OF THE DENATURING OF COMMON WHEAT MUST , AT THE PRESENT STAGE IN THE DEVELOPMENT OF COMMUNITY LAW , BE DECIDED IN ACCORDANCE WITH THE NATIONAL LAW OF THE INTERVENTION AGENCY RESPONSIBLE FOR THE RELEVANT SECTOR OF THE MARKET .
COMMUNITY LAW DOES NOT PREVENT THE APPLICATION OF PROVISIONS OR PRINCIPLES OF NATIONAL LAW THE EFFECT OF WHICH MAY BE TO RESTRICT THE PERIOD DURING WHICH SUCH REPAYMENT MAY BE CLAIMED , PROVIDED ALWAYS THAT THAT QUESTION IS SETTLED IN ACCORDANCE WITH THE SAME RULES AS THOSE WHICH APPLY TO THE PERFORMANCE OF SIMILAR SUPERVISORY DUTIES CARRIED OUT BY THE NATIONAL ADMINISTRATIVE AUTHORITIES IN THE SPHERES IN WHICH THEY HAVE SOLE RESPONSIBILITY .
Parties
IN JOINED CASES 119 AND 126/79
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE VERWALTUNGSGERICHT ( ADMINISTRATIVE COURT ) FRANKFURT AM MAIN FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN , ON THE ONE HAND ,
LIPPISCHE HAUPTGENOSSENSCHAFT E.G ., A CO-OPERATIVE SOCIETY WITH REGISTERED OFFICES IN LAGE , LIPPE ,
AND
BUNDESANSTALT FUR LANDWIRTSCHAFTLICHE MARKTORDNUNG ( FEDERAL BUREAU FOR THE ORGANIZATION OF AGRICULTURAL MARKETS ), FRANKFURT AM MAIN ,
AND ON THE OTHER HAND ,
WESTFALISCHE CENTRAL-GENOSSENSCHAFT