Lippische Hauptgenossenschaft Eg Et Westfalische Central-Genossenschaft Eg v Bundesanstalt Fuer Landwirtschaftliche Marktordnung: ECJ 12 Jun 1980

ECJ 1. According to the general conception underlying the common organization of agricultural markets the granting of denaturing premiums provided for in regulations nos 956/68, 2086/68 and 1403/69 on the denaturing of common wheat is subject to a set of common rules which are applicable uniformly throughout the community. However, management of that intervention mechanism is the task of the national intervention agencies, which are required to perform all the supervisory duties necessary in order to ensure that denaturing premiums are granted only in accordance with the conditions laid down by the community rules and that any infringement of the rules of community law by those operating on the market is appropriately penalized.
2. The question within what period a national intervention agency may claim from recipients repayment of premiums wrongly paid in respect of the denaturing of common wheat must, at the present stage in the development of community law, be decided in accordance with the national law of the intervention agency responsible for the relevant sector of the market.
Community law does not prevent the application of provisions or principles of national law the effect of which may be to restrict the period during which such repayment may be claimed, provided always that that question is settled in accordance with the same rules as those which apply to the performance of similar supervisory duties carried out by the national administrative authorities in the spheres in which they have sole responsibility.

Citations:

R-119/79, [1980] EUECJ R-119/79

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 21 June 2022; Ref: scu.214927