Source: All England Reporter
Publisher Citation: [2001] All ER (D) 35 (Jan)
Court: Privy Council
Judge:

Lord Steyn, Lord Hobhouse of Woodborough and Lord Rodger of Earlsferry
Judgment Dates: 21 December 2001

Catchwords

Medical practitioner - Disciplinary committee - Erasure of name from register - Committee finding charges of professional misconduct proven - Whether committee giving sufficient reasons for decision - Whether erasure of name from register appropriate sanction in circumstances.

The Case

In a matter concerning a decision by the European Commission that certain amounts were not chargeable to the European Agricultural Guidance and Guarantee Fund (EAGGF), the Court ruled that the Commission was under an obligation to carry out a financial correction if the expenditure, in respect of which financing had been requested, had not been carried out in accordance with Community rules. The Court also ruled that there could be no retention by a Member State of funds paid out from the EAGGF and that there was a general obligation on Member States to satisfy themselves that transactions financed by the EAGGF were actually carried out and executed correctly such that failure to comply with a production obligation might justify a reduction in the sum owed to the Member State by the EAGGF.

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