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Case C-491/16: Order of the Court (Eighth Chamber) of 16 November 2017 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Instituto de Financiamento da Agricultura e Pescas, IP v Maxiflor — Promoção e Comercialização de Plantas, Importação e Exportação, Lda (Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court — Regulation (EC) No 1260/1999 — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Protection of the European Union’s financial interests — Concept of ‘multiannual programme’ — Scope of application)
ECLI:EU:UNKNOWN:62016CB0491
62016CB0491
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Official Journal of the European Union
C 32/5
(Case C-491/16) (<a id="ntc1-C_2018032EN.01000502-E0001" href="#ntr1-C_2018032EN.01000502-E0001"> (<span class="super note-tag">1</span>)</a>
((Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court - Regulation (EC) No 1260/1999 - Regulation (EC, Euratom) No 2988/95 - Article 3(1) - Protection of the European Union’s financial interests - Concept of ‘multiannual programme’ - Scope of application))
(2018/C 032/07)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Instituto de Financiamento da Agricultura e Pescas, IP
Defendant: Maxiflor — Promoção e Comercialização de Plantas, Importação e Exportação, Lda
Operative part of the order
1.The first and third questions referred by the Supremo Tribunal Administrativo (Supreme Administrative Court, Portugal) are manifestly inadmissible.
2.The second sentence of the second subparagraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests must be interpreted as meaning that an operational programme, for the purposes of Article 9(f) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, such as the operational programme ‘Agriculture and rural development’, approved by Commission Decision C(2000) 2878 of 30 October 2000, does not come within the concept of ‘multiannual programme’, within the meaning of the first of those provisions, unless that programme is already covered by concrete actions to be implemented, which is to be determined by the referring court.
(<span class="note">1</span>) <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2016:441:TOC">OJ C 441, 28.11.2016</a>.