12.9.2016

Official Journal of the European Union

C 335/3

(Case C-200/14) (<span class="super">1</span>)

((Reference for a preliminary ruling - Principle of sincere cooperation - Principles of equivalence and effectiveness - National legislation laying down the detailed rules for the repayment of taxes improperly levied with interest - Enforcement of judicial decisions relating to such rights to repayment stemming from the legal order of the Union - Refund payable over a period of five years - Repayment contingent on the existence of funds received from a tax - No possibility of enforcement))

(2016/C 335/03)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Silvia Georgiana Câmpean

Defendants: Administrația Finanțelor Publice a Municipiului Mediaș, now Serviciul Fiscal Municipal Mediaş, Administrația Fondului pentru Mediu

Operative part of the judgment

The principle of sincere cooperation must be interpreted as precluding a Member State from adopting provisions making repayment of a tax which has been held to be contrary to EU law by a judgment of the Court, or whose incompatibility with EU law results from such a judgment, subject to conditions relating specifically to that tax which are less favourable than those that would have applied, in their absence, to such a repayment; it is for the referring court to determine whether that principle has been complied with in the present case.

The principle of equivalence must be interpreted as precluding a Member State from providing procedural rules which are less favourable for applications for the repayment of a tax based on an infringement of EU law than those applicable to similar actions based on an infringement of domestic law. It is for the referring court to make the necessary checks to ensure compliance with that principle so far as concerns the legislation applicable to the dispute pending before it.

The principle of effectiveness must be interpreted as precluding a system of repayment with interest of taxes levied in breach of EU law, the amount of which was established by enforceable judicial decisions, such as the system at issue in the main proceedings, which provides for the repayment of such taxes by instalments over five years and which makes the execution of such decisions contingent on the availability of funds received in respect of another tax, without the individual having the right to compel public authorities to fulfil their obligations if they do not do so voluntarily. It is for the referring court to ascertain whether legislation such as that which would be applicable in the case at issue in the main proceedings in the absence of such a system of repayment meets the requirements of the principle of effectiveness.

(<span class="super">1</span>) OJ C 235, 21.7.2014.