Opinion of the Advocate General — ECLI:EU:C:2002:707
Date: 2002-11-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Economic, social and territorial cohesion;European Agricultural Guidance and Guarantee Fund (EAGGF);Fisheries policy;Agricultural structures
Procedure: Reference for a preliminary ruling
Origin: Italy

SUMMARY — CASE C-271/01 
Summary of the Judgment 
Economic and social cohesion — Structural activities — Community funding — Breach 
of the conditions laid down — Revocation of financial assistance and requirement of 
partial repayment — Powers of the Member State which granted the assistance 
(Council Regulation No 4253/88, Art. 23(1), first subpara.) 
The first subparagraph of Article 23(1) of 
Regulation No 4253/88 laying down provi­
sions 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 Regulation 
No 2082/93, is to be interpreted as mean­
ing that, in the context of an action 
programme financed by the European 
Agricultural Guidance and Guarantee Fund 
(EAGGF), where an examination reveals a 
breach of the conditions laid down for the 
implementation of a programme's oper­
ations, a Member State which has granted 
financial assistance from the EAGGF may, 
in order to prevent and to take action 
against irregularities, revoke that assistance 
and require partial repayment thereof from 
the final recipients. 
(see para. 48, operative part) 
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