CELEX: C2007/042/11
Language: en
Date: 2007-02-24 00:00:00
Title: Case C-279/05: Judgment of the Court (First Chamber) of 11 January 2007 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands)) — Vonk Dairy Products BV v Productschap Zuivel (Agriculture — Common organisation of the markets — Cheese — Articles 16 to 18 of Regulation (EEC) No 3665/87 — Differentiated export refunds — Almost immediate re-exportation from the country of importation — Evidence of abuse — Recovery of payments wrongly made — Second subparagraph of Article 3(1) of Regulation (EC, Euratom) No 2988/95 — Continuous or repeated irregularity)

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/7
            
         Judgment of the Court (First Chamber) of 11 January 2007 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands)) — Vonk Dairy Products BV v Productschap Zuivel
   (Case C-279/05) (1)
   
   (Agriculture - Common organisation of the markets - Cheese - Articles 16 to 18 of Regulation (EEC) No 3665/87 - Differentiated export refunds - Almost immediate re-exportation from the country of importation - Evidence of abuse - Recovery of payments wrongly made - Second subparagraph of Article 3(1) of Regulation (EC, Euratom) No 2988/95 - Continuous or repeated irregularity)
   (2007/C 42/11)
   Language of the case: Dutch
   Referring court
   College van Beroep voor het bedrijfsleven (Netherlands)
   Parties to the main proceedings
   
      Applicant: Vonk Dairy Products BV
   
      Defendant: Productschap Zuivel
   Re:
   Reference for a preliminary ruling — College van Beroep voor het bedrijfsleven Interpretation of Articles 16 to 18 of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1987 L 351, p. 1) in the version in force at the material time — Interpretation of the second subparagraph of Article 3(1) of 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) — Differentiated refunds not due in the case of re-exports by the exporter that constitute an abuse — Determination of the criteria for a finding to that effect — Continuous or repeated irregularity
   Operative part of the judgment
   
               1.
            
            
               In proceedings for the withdrawal and recovery of differentiated export refunds which have been definitively paid on the basis of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, a finding that those refunds have been wrongly paid must be substantiated by evidence of abuse on the part of the exporter, furnished in accordance with the rules of national law.
            
         
               2.
            
            
               For the purposes of the second subparagraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests, an irregularity is continuous or repeated where it committed by a Community operator who derives economic advantages from a body of similar transactions which infringe the same provision of Community law. The fact that the irregularity relates to a relatively small proportion of all the transactions carried out in a given period and that the transactions in which the irregularity has been detected always concern different consignments is immaterial in this respect.
            
         
      (1)  OJ C 257, 15.10.2005.