Oelmühle Hamburg AG and Jb. Schmidt Söhne GmbH & Co. KG v Bundesanstalt für Landwirtschaft und Ernährung (C-298/96)

Judgment of 16 Jul 1998

law://eu/cjeu/1996/c-298-96/para_24@2026-11-12

24It follows from the case-law of the Court that, in the absence of provisions of Community law, disputes concerning the recovery of amounts unduly paid under Community law must be decided by national courts in application of their own domestic law, subject to the limits imposed by Community law, on the basis that the rules and procedures laid down by domestic law must not have the effect of making it practically impossible or excessively difficult to implement the Community rules and that the national legislation must be applied in a manner which is not discriminatory as compared to procedures for deciding similar national disputes (see, in particular, Deutsche Milchkontor -, paragraph 19, and Case C-366/95 Landbrugsministeriet ν Steff-Houlberg Export and Others [1998] ECR I-2661, paragraph 15, and, as regards national procedural law, Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12, and Joined Cases C-430/93 and C-431/93 Van Schijndel and Van Veen [1995] ECR I-4705, paragraph 17). If domestic law requires the various interests in question, namely, on the one hand, the public interest in the revocation of an unlawful administrative measure and, on the other, the protection of the legitimate expectation of the person to whom it is addressed, to be weighed against one another before the measure is revoked, the interests of the Community must be taken fully into account {Deutsche Milchkontor, paragraph 32).

Oelmühle Hamburg AG and Jb. Schmidt Söhne GmbH & Co. KG v Bundesanstalt für Landwirtschaft und Ernährung (C-298/96)

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