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Document C2007/211/29

    Case C-279/07: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 13 June 2007 — Vion Trading GmbH v Hauptzollamt Hamburg-Jonas

    IO C 211, 8.9.2007, p. 15–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    8.9.2007   

    EN

    Official Journal of the European Union

    C 211/15

    Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 13 June 2007 — Vion Trading GmbH v Hauptzollamt Hamburg-Jonas

    (Case C-279/07)

    (2007/C 211/29)

    Language of the case: German

    Referring court

    Bundesfinanzhof

    Parties to the main proceedings

    Applicant: Vion Trading GmbH

    Defendant: Hauptzollamt Hamburg-Jonas

    Question(s) referred

    1.

    Must the limitation period prescribed in the first sentence of the first 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 (1) be applied even if an irregularity was committed or ceased before Regulation (EC, EURATOM) No 2988/95 entered into force?

    2.

    Is the limitation period prescribed in that provision applicable in general to administrative measures such as the recovery of export refunds granted as a result of irregularities?

    If the answers to those questions are in the affirmative:

    3.

    May a longer period pursuant to Article 3(3) of Regulation (EC, EURATOM) No 2988/95 be applied by a Member State even if such a longer period was already provided for in the law of the Member State before the abovementioned regulation was adopted? May such a longer period be applied even if it was not prescribed in a specific provision for the recovery of export refunds or for administrative measures in general, but resulted from a general rule of the Member State concerned covering all limitation cases not specifically regulated (‘catch-all’ provision)?

    (1)  OJ 1995 L 312, p. 1.

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