Judgment_paragraph 56 · Agroferm A/S v Ministeriet for Fødevarer, Landbrug og Fiskeri (C-568/11)

56Therefore, the production refunds on that product were contrary to European Union law. Consequently, it is clear that the Danish customs authorities had no power to create, for the trader concerned, irrespective of his good faith, legitimate expectations that he would be treated in a manner contrary to European Union law. This is so even though, first, those refunds had been granted on the basis of a prior approval given by those authorities and, second, those authorities had undertaken to make further refunds, before the error made by the trader in his declaration came to their attention.