Source: All England Reporter
Publisher Citation: [2007] All ER (D) 241 (Jun)
Court: Court of Justice of the European Communities (First Chamber)

Judges Schintgen (President of the Fifth Chamber, Acting for President of the First Chamber), Tizzano, Borg Barthet, Ilesic (Rapporteur) and Levits

Judgment Dates: 21 June 2007


European community - Civil and commercial matters - Structural funds - Repayment of Community aid in a case of irregularity - Failure to publish or make known conditions of grant of aid - Beneficiary's lack of knowledge - Good faith - Legal certainty - Effectiveness.

The Case

European community Civil and commercial matters. Where the conditions for the grant of a financial assistance by the Community to a member state were set out in the grant decision but that member state had neither published them nor made them known to the ultimate beneficiary of the assistance, it was not contrary to Community law to apply the principle of legal certainty so as to preclude repayment by that beneficiary of the amounts wrongly paid, provided that it was possible to establish the beneficiary's good faith. In such a case, a member state concerned might be held financially liable for the amounts not recovered in order to give effect to the Community's right to obtain repayment of the amount of the assistance.

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