7.9.2013

Official Journal of the European Union

C 260/25

(Case C-341/13)

2013/C 260/44

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicant: Cruz & Companhia, Lda.

Defendant: Instituto de Financiamento da Agricultura e Pescas, IP (IFAP)

Questions referred

1.Does Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 (1) of 18 December 1995 on the protection of the European Communities financial interests apply only to relations between the European Community and the defendant in its capacity as a paying agency of Community aid, or does it also apply to relations between the defendant in its capacity as a paying agency of Community aid and the applicant in its capacity as a beneficiary of aid which is deemed to have been wrongly granted?

2.If the limitation period laid down in Article 3(1) of that regulation is applicable also to relations between the paying agency of the aid and the beneficiary of the aid deemed to have been granted unduly, should that limitation period be understood as being applicable only where administrative penalties within the meaning of Article 5 of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 are at issue, or also where ‘administrative measures’ within the meaning of Article 4(1) of that regulation are at issue — in this instance, repayment of sums wrongly received?

(1) OJ 1995 L 312, p. 1.