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Case C-115/17: Request for a preliminary ruling from the Cour de cassation (France) lodged on 6 March 2017 — Administration des douanes et droits indirects, Établissement national des produits de l’agriculture et de la mer (FranceAgriMer) v Hubert Clergeau, Jean-Luc Labrousse, Jean-Jacques Berthellemy, Alain Bouchet, Jean-Pierre Dubois, Marcel Géry, Jean-Paul Matrat, Jean-Pierre Paziot, Patrice Raillot
ECLI:EU:UNKNOWN:62017CN0115
62017CN0115
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Official Journal of the European Union
C 178/6
(Case C-115/17)
(2017/C 178/06)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Administration des douanes et droits indirects, Établissement national des produits de l’agriculture et de la mer (FranceAgriMer)
Defendants: Hubert Clergeau, Jean-Luc Labrousse, Jean-Jacques Berthellemy, Alain Bouchet, Jean-Pierre Dubois, Marcel Géry, Jean-Paul Matrat, Jean-Pierre Paziot, Patrice Raillot
Question referred
Is Article 49 of the Charter of Fundamental Rights to be interpreted as precluding a situation in which a person is convicted on the ground that he obtained export refunds, to which he was not entitled, by means of deceitful practices or the making of false declarations as to the nature of the goods in respect of which the refunds were requested, although, as a result of changes in the rules which occurred subsequent to the facts of the case, the goods that were in fact exported by that person have since become eligible for those refunds?