ABSTRACT

The application, in accordance with Article 19 of the ECJ Statute and rule 44 of the CFFs Rules of Procedure, must state the subject-matter of the application and contain a summary of the pleas in law on which it is based. Where, therefore, compensation is sought in respect of a payment made to a national body pursuant to an unlawful Community measure or national implementing measure, it will be inadmissible since repayment should be sought from that body. The limitation period may be interrupted by the commencement of an action before the Community courts, and by negotiations over the claim with the relevant Community institution. It will also be the case where the Community institutions failed to take into account matters that they should have considered, for example the position of a certain class of traders where there was no overriding public interest justifying that they be disregarded.