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CJEU Case C-115/17 / Judgment

Administration des douanes et droits indirects and Etablissement national des produits de l'agriculture et de la mer (FranceAgriMer) v Hubert Clergeau and Others

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Fifth Chamber)
Type:
Decision
Decision date:
07/08/2018

Key facts of the case:

Reference for a preliminary ruling — Regulation (EEC) No 1964/82 — False declarations or deceitful practices in order to secure special export refunds on certain cuts of boned meat of bovine animals — Amendment to Regulation No 1964/82 extending the entitlement to special export refunds — Principle of the retroactive application of the more lenient criminal law — Third sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union.

Outcome of the case:

On those grounds, the Court (Fifth Chamber) hereby rules:

The principle of the retroactive application of the more lenient criminal law, enshrined in the third sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a situation in which a person is convicted on the ground that he wrongfully obtained special export refunds provided for in Commission Regulation (EEC) No 1964/82 of 20 July 1982 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals, by means of deceitful practices or the making of false statements as to the nature of the goods in respect of which the refunds were requested, although, as a result of changes in those rules which occurred subsequent to the acts complained of, the goods that were exported by that person have since become eligible for those refunds.>