26.1.2013
EN
Official Journal of the European Union
C 26/14
Judgment of the Court (Fifth Chamber) of 6 December 2012 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Société d’Exportation de Produits Agricoles SA (SEPA) v Hauptzollamt Hamburg-Jonas
(Case C-562/11) (1)
(Agriculture - Regulation (EEC) No 3665/87 - Article 11 - Export refunds - Request for a refund in respect of exported goods which do not confer entitlement to a refund - Administrative penalty)
2013/C 26/25
Language of the case: German
Referring court
Bundesfinanzhof
Parties to the main proceedings
Appellant on a point of law: Société d’Exportation de Produits Agricoles SA (SEPA)
Respondent on a point of law: Hauptzollamt Hamburg-Jonas
Re:
Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1987 L 351, p. 1) as amended by Commission Regulation (EC) No 495/97 of 18 March 1997 (OJ 1997 L 77, p. 12), in particular Article 11(1) thereof — Request for an export refund in a situation in which no refund is provided for — Whether a penalty may be imposed on the person making the request
Operative part of the judgment
Article 11(1) of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Commission Regulation (EC) No 2945/94 of 2 December 1994 and by Commission Regulation (EC) No 495/97 of 18 March 1997, must be interpreted as meaning that, subject to the exemptions laid down in the third subparagraph of Article 11(1), the reduction referred to in point (a) of the first subparagraph of Article 11(1) must be applied, inter alia, in the case where it turns out that the goods for export in respect of which a refund was requested were not of sound and fair marketable quality, notwithstanding the fact that the exporter acted in good faith and correctly described the nature and origin of those goods.
(1) OJ C 39, 11.02.2012.
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