CELEX: C2005/229/18
Language: en
Date: 2005-09-17 00:00:00
Title: Case C-286/05: Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg by order of that court of 30 June 2005 in Reinhold Haug v Land Baden-Württemberg

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/9
            
         Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg by order of that court of 30 June 2005 in Reinhold Haug v Land Baden-Württemberg
   (Case C-286/05)
   (2005/C 229/18)
   Language of the case: German
   Reference has been made to the Court of Justice of the European Communities by order of the Verwaltungsgerichtshof Baden-Württemberg of 30 June 2005, received at the Court Registry on 18 July 2005, for a preliminary ruling in the proceedings between Reinhold Haug and Land Baden-Württemberg on the following question:
   
               1.
            
            
               Does the second sentence of Article 2(2) of Council Regulation (EC, Euratom) No 2988/1995 apply even if in the context of an irregularity within the meaning of Article 1(2) of that Regulation only the reimbursement of wrongly granted aid is sought (Article 4(1) of Regulation (EC, Euratom) No 2988/1995 (1) and, because of a provision of Community law that later comes into force, the amount of wrongly granted aid to be reimbursed would be lower than under the provisions of Community law in force at the time that the irregularity was committed?
               If the answer to the first question should be in the affirmative:
            
         
               2.
            
            
               Does the second sentence of Article 2(2) of Council Regulation (EC, Euratom) No 2988/1995 also apply with regard to the rules governing payment of interest if no administrative penalties within the meaning of Article 5(1) of that Regulation are imposed on the farmer concerned and the latter is required only to repay the wrongly granted aid within the meaning of Article 4(1) of that Regulation?
            
         
      (1)  OJ L 312, p. 1.