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Case C-378/18: Judgment of the Court (Eighth Chamber) of 3 October 2019 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Landwirtschaftskammer Niedersachsen v Reinhard Westphal (Reference for a preliminary ruling — Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Article 3(1) — Limitation period — Regulations (EEC) No 3887/92 and (EC) No 2419/2001 — Integrated administration and control system for certain Community aid schemes — Recovery of undue payments — Application of the more lenient limitation rule)
ECLI:EU:UNKNOWN:62018CA0378
62018CA0378
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Official Journal of the European Union
C 413/17
(Case C-378/18) (*)
(Reference for a preliminary ruling - Regulation (EC, Euratom) No 2988/95 - Protection of the European Union’s financial interests - Article 3(1) - Limitation period - Regulations (EEC) No 3887/92 and (EC) No 2419/2001 - Integrated administration and control system for certain Community aid schemes - Recovery of undue payments - Application of the more lenient limitation rule)
(2019/C 413/19)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Landwirtschaftskammer Niedersachsen
Defendant: Reinhard Westphal
Operative part of the judgment
Article 49(6) of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92, as amended by Commission Regulation (EC) No 118/2004 of 23 January 2004, must be interpreted as meaning that the starting point of the limitation period which it lays down is determined in accordance with Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests and corresponds, in the case of continuous or repeated irregularities, to the day on which the irregularity ceases.
(*)
Language of the case: German.
* * *