Source: All England Reporter
Publisher Citation: [2002] All ER (D) 104 (Sep)
Court: Court of Justice of the European Communities (Fifth Chamber)

Judges Jann (President), Edward, La Pergola, Wathelet (Rapporteur) and Timmermans

Judgment Dates: 19 September 2002


European Community - Agriculture - Repayment of aid - Limited publicity being given to conditions of grant of aid - State commencing proceedings for repayment of aid on basis of use in breach of conditions - Whether appropriate publicity given to conditions - Whether principles of legitimate expectation and legal certainty applicable in such proceedings - Council Regulation (EEC) 2078/92.

The Case

It could not be regarded as contrary to Community law for national law, as far as the recovery of sums wrongly paid by public authorities was concerned, to take into account, in addition to the principle of legality, the principles of the protection of legitimate expectations and legal certainty, since those principles formed part of the legal order of the Community. However, the Community's interest in recovering aid which had been received in breach of the conditions under which it had been granted had to be taken fully into consideration in assessing the interests in question.

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