Keywords
Summary

Keywords

1 . EEC - OWN RESOURCES - MONETARY COMPENSATORY AMOUNTS - AMOUNTS IMPROPERLY COLLECTED - REIMBURSEMENT - AWARD OF INTEREST - NATIONAL AUTHORITIES - JURISDICTION

( DECISION OF THE COUNCIL OF 21 APRIL 1970 , ARTICLE 6 ; REGULATION NO 2/71 OF THE COUNCIL , ARTICLE 1 );

2 . NON-CONTRACTUAL LIABILITY - APPLICATION - CLAIM FOR NOMINAL DAMAGES - SPECIFIC DAMAGE - CAUSAL CONNEXION - PROOF

( EEC TREATY , ARTICLE 215 )

Summary

1 . DISPUTES IN CONNEXION WITH THE REIMBURSEMENT OF AMOUNTS COLLECTED FOR THE COMMUNITY ARE A MATTER FOR THE NATIONAL COURTS AND MUST BE SETTLED BY THEM UNDER NATIONAL LAW IN SO FAR AS NO PROVISIONS OF COMMUNITY LAW ARE RELEVANT .

IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW ON THIS POINT IT IS CURRENTLY FOR THE NATIONAL AUTHORITIES , IN THE CASE OF REIMBURSEMENT OF DUES IMPROPERLY COLLECTED , TO SETTLE ALL ANCILLARY QUESTIONS RELATING TO THAT REIMBURSEMENT , SUCH AS ANY PAYMENT OF INTEREST .

2 . EVEN IN A CLAIM FOR NOMINAL DAMAGES THE APPLICANT MUST PROVE ACTUAL DAMAGE AND A CAUSAL CONNEXION BETWEEN SUCH DAMAGE AND THE MEASURES ADOPTED BY A COMMUNITY INSTITUTION .