CELEX: 62017CN0243
Language: en
Date: 2017-05-10 00:00:00
Title: Case C-243/17: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 10 May 2017 — Instituto de Financiamento da Agricultura e Pescas, IP v António da Silva Rodrigues

7.8.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/6
            
         Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 10 May 2017 — Instituto de Financiamento da Agricultura e Pescas, IP v António da Silva Rodrigues
   (Case C-243/17)
   (2017/C 256/04)
   Language of the case: Portuguese
   
      Referring court
   
   Supremo Tribunal Administrativo
   
      Parties to the main proceedings
   
   
      Applicant: Instituto de Financiamento da Agricultura e Pescas, IP
   
      Defendant: António da Silva Rodrigues
   
      Questions referred
   
   
               1.
            
            
               What is the date from which the limitation period of four years provided for in the first subparagraph of Article 3(1) (1) [of Regulation No 2988/95] starts to run for instantaneous infringements (not continuous or repeated)?
            
         
               2.
            
            
               In the case of an infringement that is not continuous or repeated, are the rules applicable according to which ‘in the case of multiannual programmes, the limitation period shall in any case run until the programme is definitively terminated’?
            
         
               3.
            
            
               Does the rule laid down in Article 3, according to which the ‘limitation shall become effective at the latest on the day on which a period equal to twice the limitation period expires without the competent authority having imposed a penalty’ also apply in the case of a multiannual programme, that is to say, does the period referred to here also run until the termination of the multiannual programme?
            
         
               4.
            
            
               Which of the following is the meaning of the expression ‘In the case of multiannual programmes, the limitation period shall in any case run until the programme is definitively terminated’:
               
                           (a)
                        
                        
                           the limitation period never expires before the definitive termination of a multiannual programme?
                        
                     
                           (b)
                        
                        
                           the limitation period is suspended as long as the programme lasts, that is, until its definitive termination, and starts running again as of that moment?
                        
                     
                           (c)
                        
                        
                           the limitation period continues to run and, therefore, even if the programme in question is multiannual, proceedings may be time-barred before the definitive termination of the programme if, in the meantime, that period has expired?
                        
                     
         
      (1)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests — OJ 1995 L 312, p. 1.