Opinion of the Advocate General — ECLI:EU:C:2004:492
Date: 2004-09-07
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Procedure: Action for annulment;Appeal - unfounded
Origin: Spain

Summary of the Judgment 1. Own resources of the European Communities – Regulation on the protection of the Community’s financial interests – Continuous irregularity – Limitation period – Interrupting act (Council Regulation No 2988/95, Article 1(2) and Article 3(1), second and third subparas) 2. Appeals – Grounds – Grounds of a judgment vitiated by an infringement of Community law – Operative part well founded on other legal grounds – Rejected 1. According to Article 1(2) of Regulation No 2988/95 on the protection of the European Communities financial interests, an irregularity presupposes a breach of a provision of Community law resulting from an act or omission by an economic operator. Where the omission occasioning the breach of the provision of Community law persists, the irregularity is ‘continuous’ for the purposes of the second subparagraph of Article 3(1) of that regulation. The corresponding limitation period begins to run only from the day on which the irregularity ceases. That period is interrupted by a Commission letter which specifically seeks to investigate the irregularity and to reduce the financial aid, since that letter is an investigative document for the purposes of the third subparagraph of Article 3(1). (see paras 16-18, 30) 2. If the grounds of a judgment of the Court of First Instance reveal an infringement of Community law but its operative part appears well founded on other legal grounds the appeal must be dismissed. (see para. 29)