16Article 7 of Regulation No 817/2010, entitled ‘Recovery of amounts over-paid’, provides:‘Where it is established after payment of the refund that Regulation [No 1/2005] has not been complied with, the relevant part of the refund, including where appropriate the penalty pursuant to Article 6 of this Regulation, shall be considered to have been paid unduly and shall be recovered in accordance with Article 49 of [Commission] Regulation (EC) No 612/2009 [of 7 July 2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 2009 L 186, p. 1)].’
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