Source: All England Reporter
Publisher Citation: [2002] All ER (D) 149 (Sep)
Court: Court of First Instance of the European Communities (Fifth Chamber)
Judge:

Judges Cooke (President), García-Valdecasas and Lindh

Judgment Dates: 26 September 2002

Catchwords

European Community - Commission - Decision - Application for annulment - Decision to order repayment of Community aid granted to company - Commission holding examination and finding aid misused - Whether Commission conducting suitable examination - Whether Commission giving sufficient reasons for decision - Council Regulation (EEC) 4253/88, art 24.

The Case

It was legitimate for the Commission to rely on the detailed findings of facts of a national authority that had carried out an in-depth check of whether a beneficiary of Community assistance had complied with its financial obligations, and determine whether those findings served to establish the existence of irregularities justifying penalties pursuant to art24(2) of Council Regulation(EEC) 4253-88.

Practice Areas

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