Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 11 March 2022 – IB v Regione Lombardia, Provincia di Pavia
(Case C-196/22)
Language of the case: Italian
Referring court
Corte suprema di cassazione
Parties to the main proceedings
Appellant: IB
Respondents: Regione Lombardia, Provincia di Pavia
Questions referred
Do the provisions of Council Regulation (EEC) No 2080/92 of 30 June 1992 1 instituting a Community aid scheme for forestry measures in agriculture, without however providing for a system of disqualification and penalties, preclude, taking into account the provisions of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 2 on the protection of the European Communities financial interests, the application of a provision of national law that, in implementing the provisions of Regulation (EEC) No 2080/92, provides, in the event of irregularities found in the granting of aid, for the disqualification from receiving that aid and the repayment of amounts received on that basis?
If the answer to the first question is in the negative, do the provisions of Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture preclude, taking into account the provisions of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 and the principles of equity and proportionality referred to in the eighth recital thereof, the application of a provision of national law that, in implementing the provisions of Regulation No 2080/92, provides, in the event of an irregularity found in the granting of the aid, for the disqualification from receiving that aid and the repayment of amounts received on that basis when the area reforested or improved is 20% less than the area that qualified for the aid and for which the premium was received?
If the answer to the first question is in the negative, do the provisions of Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture preclude, taking into account the provisions of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995, the retroactive application of a provision of national law that, in implementing the provisions of Regulation No 2080/92, provides, in the event of an irregularity found in the granting of the aid, for the disqualification from receiving that aid and the repayment of amounts received on that basis?
If the answer to the first question is in the negative, do the provisions of Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture preclude, taking into account the provisions of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995, an interpretation of a provision of national law that, in implementing the provisions of Regulation No 2080/92, provides, in the event of an irregularity found in the granting of the aid, for the disqualification from receiving that aid and the repayment of amounts received on that basis, in the sense that the beneficiary is required to repay the entire amount received on that basis and not merely to repay the amounts for the year in respect of which the irregularity in the granting of the aid was found?
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1 Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture (OJ 1992 L 215, p. 96).
1 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ 1995 L 312, p. 1).