# C_2008116EN.01000601.xml

| 9.5.2008 | EN | Official Journal of the European Union | C 116/6 |
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9.5.2008

EN

Official Journal of the European Union

C 116/6

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Judgment of the Court (Third Chamber) of 13 March 2008 (reference for a preliminary ruling from the Raad van State, Netherlands) — Vereniging Nationaal Overlegorgaan Sociale Werkvoorziening (C-383/06), Gemeente Rotterdam (C-384/06) v Minister van Sociale Zaken en Werkgelegenheid, and Sociaal Economische Samenwerking West-Brabant (C-385/06) v Algemene Directie voor de Arbeidsvoorziening

(Case C-383/06 to C-385/06) (1)

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(Structural Funds - Article 23(1) of Council Regulation (EEC) No 4253/88 - Withdrawal and recovery of Community financial aid - Article 249 EC - Protection of legitimate expectations and legal certainty)

(2008/C 116/10)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicants: Vereniging Nationaal Overlegorgaan Sociale Werkvoorziening (C-383/06), Gemeente Rotterdam (C-384/06), Sociaal Economische Samenwerking West-Brabant (C-385/06)

Applicants:

Defendants: Minister van Sociale Zaken en Werkgelegenheid, Algemene Directie voor de Arbeidsvoorziening

Defendants:

Re:

Reference for a preliminary ruling — Raad van State, Netherlands Interpretation of Article 23(1) of Council Regulation EEC No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation No 2052/88 (EEC) as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments — Withdrawal and recovery of Community financial aid — Articles 10 and 249 EC — Application of general principles of Community law

Operative part of the judgment

| 1. | Article 23(1) of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments, as amended by Council Regulation (EEC) No 2082/93 of 20 July 1993 requires the Member States to recover any amounts lost as a result of an irregularity or negligence without there being any need for authority to do so under national law; |
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1.

Article 23(1) of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments, as amended by Council Regulation (EEC) No 2082/93 of 20 July 1993 requires the Member States to recover any amounts lost as a result of an irregularity or negligence without there being any need for authority to do so under national law;

| 2. | The recovery of amounts lost as a result of an irregularity or negligence must be carried out on the basis of Article 23(1) of Regulation No 4253/88, as amended by Regulation No 2082/93, and in accordance with the detailed rules laid down in national law, on condition that the application of that law does not hinder the application or the effectiveness of Community law and does not make it impossible in practice to recover the sums improperly granted. It is for the national court to ensure the full application of Community law by setting aside or, in so far as necessary, interpreting a national rule such as the General Statute on administrative law (Algemene wet bestuursrecht) which prevents such application. The national court may apply the Community law principles of legal certainty and the protection of legitimate expectations when assessing the conduct of both the recipient of the amounts lost and the administrative authority, on condition that full account is taken of the interests of the European Community. The fact that the recipient of the funds is a public-law person is irrelevant in that regard. |
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2.

The recovery of amounts lost as a result of an irregularity or negligence must be carried out on the basis of Article 23(1) of Regulation No 4253/88, as amended by Regulation No 2082/93, and in accordance with the detailed rules laid down in national law, on condition that the application of that law does not hinder the application or the effectiveness of Community law and does not make it impossible in practice to recover the sums improperly granted. It is for the national court to ensure the full application of Community law by setting aside or, in so far as necessary, interpreting a national rule such as the General Statute on administrative law (Algemene wet bestuursrecht) which prevents such application. The national court may apply the Community law principles of legal certainty and the protection of legitimate expectations when assessing the conduct of both the recipient of the amounts lost and the administrative authority, on condition that full account is taken of the interests of the European Community. The fact that the recipient of the funds is a public-law person is irrelevant in that regard.

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(1)  OJ C 310, 16.12.2006.

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