Case C‑383/14

Établissement national des produits de l’agriculture et de la mer (FranceAgriMer)

v

Sodiaal International SA

(Request for a preliminary ruling from the Conseil d’État (France))

‛Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 3 — Recovery of Community aid — Administrative penalty — Administrative measures — Limitation period’

Summary — Judgment of the Court (Sixth Chamber), 3 September 2015

1. EU law — Interpretation — Methods — Literal, contextual and purposive interpretation

2. EU own resources — Regulation on the protection of the European Communities financial interests — Proceedings relating to irregularities — Limitation period — Applicability both to irregularities leading to the imposition of an administrative penalty and to irregularities which are the subject of an administrative measure

   (Council Regulation No 2988/95, Arts 3(1) to (3), 4 and 5)

1.  See the text of the decision.

   (see para. 27)

2.  The fourth subparagraph of Article 3(1) of Regulation No 2988/95 on the protection of the European Communities financial interests must be interpreted as meaning that the limitation which it lays down is applicable not only to proceedings concerning irregularities which lead to the imposition of administrative penalties within the meaning of Article 5 of the regulation, but also to proceedings which lead to the adoption of administrative measures within the meaning of Article 4 of the regulation. That interpretation is without prejudice to Article 3(3) of Regulation No 2988/95 according to which Member States are to retain the possibility of applying a period which is longer than that provided for in Article 3(1) and (2) of that regulation respectively.

   (see paras 32, 33, operative part)