Lady & Kid A/S and Others v Skatteministeriet (C-398/09)

Judgment of 6 Sept 2011

law://eu/cjeu/2009/c-398-09/para_17@2026-11-13

17In that regard, it must be borne in mind that the right to a refund of charges levied in a Member State in breach of the rules of European Union law is the consequence and complement of the rights conferred on individuals by provisions of European Union law prohibiting such charges. The Member State is therefore required in principle to repay charges levied in breach of European Union law (see Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12; Joined Cases C-441/98 and C-442/98 Michaïlidis [2000] ECR I-7145, paragraph 30; Case C-309/06 Marks & Spencer [2008] ECR I-2283, paragraph 35; and Case C-264/08 Direct Parcel Distribution Belgium [2010] ECR I-731, paragraph 45).

Lady & Kid A/S and Others v Skatteministeriet (C-398/09)

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