Judgment_paragraph 28 · Republik Österreich v GM (C-734/22)

28Under Article 3(3) of that regulation, Member States retain the option of providing for limitation periods which are longer than the minimum period of four years laid down in paragraph 1 of that article. The EU legislature did not intend to standardise the periods applicable in this area and, consequently, the entry into force of Regulation No 2988/95 cannot have the effect of compelling the Member States to reduce to four years the limitation periods which, in the absence of rules of EU law previously in the area, they applied in the past. While Member States retain wide discretion in fixing longer limitation periods applicable in cases involving an irregularity that is detrimental to the European Union’s financial interests (judgment of 17 September 2014, Cruz & Companhia, C‑341/13, EU:C:2014:2230, paragraphs 54 and 55), those limitation periods must, however, observe the general principles of EU law, which include the principle of proportionality (see, to that effect, judgment of 2 March 2017, Glencore Céréales France, C‑548/15, EU:C:2017:160, paragraph 72).

Republik Österreich v GM (C-734/22)

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