8.6.2013
EN
Official Journal of the European Union
C 164/5
Judgment of the Court (Third Chamber) of 18 April 2013 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Mariana Irimie v Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu
(Case C-565/11) (1)
(Repayment of taxes levied by a Member State in breach of European Union law - National system limiting the interest payable by the Member State on the repaid tax - Interest calculated from the day following the date of the claim for repayment of the tax - Non-compliance with European Union law - Principle of effectiveness)
2013/C 164/08
Language of the case: Romanian
Referring court
Tribunalul Sibiu
Parties to the main proceedings
Applicant: Mariana Irimie
Defendants: Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu
Re:
Request for a preliminary ruling — Tribunalul Sibiu — Interpretation of the principles of equivalence, effectiveness and proportionality, and of Article 6 TEU and Article 17 of the Charter of Fundamental Rights of the European Union — Whether it is permissible for national legislation to restrict the amount which may be obtained by way of compensation for damage suffered by individuals as a result of the breach of European Union law by a Member State — Reimbursement of statutory interest relating to a tax refund
Operative part of the judgment
European Union law must be interpreted as precluding a national system, such as that at issue in the main proceedings, which limits the interest granted on repayment of a tax which was levied in breach of European Union law to that accruing from the day following the date of the claim for repayment of that tax.
(1) OJ C 25, 28.1.2012.
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