CELEX: 62011CN0454
Language: en
Date: 2011-09-01 00:00:00
Title: Case C-454/11: Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāta Adminsitratīvo (Republic of Latvia) lodged on 1 September 2011 — Gunārs Pusts v Lauku atbalsta dienests

12.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/12
            
         Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāta Adminsitratīvo (Republic of Latvia) lodged on 1 September 2011 — Gunārs Pusts v Lauku atbalsta dienests
   (Case C-454/11)
   2011/C 331/19
   Language of the case: Latvian
   
      Referring court
   
   Augstākās tiesas Senāts
   
      Parties to the main proceedings
   
   
      Applicant: Gunārs Pusts
   
      Defendant: Lauku atbalsta dienests
   
      Questions referred
   
   
               1.
            
            
               Are the European Union rules governing repayment of aid to be understood to mean that payment of the aid may be considered undue in cases where, although the beneficiary of the aid continued to fulfil the undertakings, he did not comply with the established payment application procedure?
            
         
               2.
            
            
               Is a rule under which the undertakings made by the aid beneficiary are suspended, without giving the beneficiary of the aid the opportunity to be heard and where that suspension is deduced solely from the fact that an application has not been submitted, compatible with European Union law governing repayment of aid?
            
         
               3.
            
            
               Is a rule under which, where it is no longer possible to carry out a control in situ (because a year has elapsed) and where it is therefore deduced that the undertakings made by the beneficiary have been suspended, that beneficiary must repay the entire amount of the aid funds already paid during the commitment period, even if those funds have been granted and paid for several years, compatible with European Union law governing repayment of aid?