CELEX: 62011CA0565
Language: en
Date: 2013-04-18 00:00:00
Title: Case C-565/11: Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Mariana Irimie v Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu (Repayment of taxes levied by a Member State in breach of European Union law — National system limiting the interest payable by the Member State on the repaid tax — Interest calculated from the day following the date of the claim for repayment of the tax — Non-compliance with European Union law — Principle of effectiveness)

8.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 164/5
            
         Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Mariana Irimie v Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu
   (Case C-565/11) (1)
   
   (Repayment of taxes levied by a Member State in breach of European Union law - National system limiting the interest payable by the Member State on the repaid tax - Interest calculated from the day following the date of the claim for repayment of the tax - Non-compliance with European Union law - Principle of effectiveness)
   2013/C 164/08
   Language of the case: Romanian
   
      Referring court
   
   Tribunalul Sibiu
   
      Parties to the main proceedings
   
   
      Applicant: Mariana Irimie
   
      Defendants: Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu
   
      Re:
   
   Request for a preliminary ruling — Tribunalul Sibiu — Interpretation of the principles of equivalence, effectiveness and proportionality, and of Article 6 TEU and Article 17 of the Charter of Fundamental Rights of the European Union — Whether it is permissible for national legislation to restrict the amount which may be obtained by way of compensation for damage suffered by individuals as a result of the breach of European Union law by a Member State — Reimbursement of statutory interest relating to a tax refund
   
      Operative part of the judgment
   
   European Union law must be interpreted as precluding a national system, such as that at issue in the main proceedings, which limits the interest granted on repayment of a tax which was levied in breach of European Union law to that accruing from the day following the date of the claim for repayment of that tax.
   
      (1)  OJ C 25, 28.1.2012.