Opinion of the Advocate General — ECLI:EU:C:2007:202
Date: 2007-03-29
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Economic, social and territorial cohesion;European Social Fund (ESF);Principles, objectives and tasks of the Treaties;European Regional Development Fund (ERDF)
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 1. Economic and social cohesion – Structural assistance – Community financing – Financial assistance unduly paid following negligence by the national authorities (Art. 10 EC) 2. Economic and social cohesion – Structural assistance – Community financing – Financial assistance unduly paid 1. The principle of legal certainly requires that Community rules enable those concerned to know precisely the extent of the obligations which are imposed on them. Individuals must be able to ascertain unequivocally what their rights and obligations are and take steps accordingly. That imperative of legal certainty must be observed all the more strictly in the case of rules liable to have financial consequences. In that context, where the conditions for the grant of financial assistance by the Community to a Member State are set out in the grant decision but that Member State has neither published them nor made them known to the ultimate beneficiary of the assistance, it is 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 is possible to establish the beneficiary’s good faith. In such a case, the Community’s interest in recovering those amounts must nevertheless be taken into consideration. Thus, where non‑repayment of the assistance by the beneficiary is due to the negligence of the national authorities, it follows from the principle of cooperation laid down in Article 10 EC that the Member State concerned may 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. (see paras 25-26, 32-34, operative part) 2. Where the conditions for the grant of financial assistance by the Community to a Member State are set out in the grant decision but that Member State has neither published them nor made them known to the ultimate beneficiary of the assistance, it is 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 is possible to establish the beneficiary’s good faith. In such a case, the Member State concerned may 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. (see para. 34, operative part)