OTHER HAND , DENIES THAT ARTICLE 8 ( 2 ) IS RELEVANT TO THE SOLUTION OF THE PROBLEMS IN QUESTION , ARGUING THAT THAT PROVISION RELATES TO IRREGULARITIES AND NEGLIGENCE ATTRIBUTABLE TO INDIVIDUALS AS PERSONS IN RECEIPT OF EAGGF EXPENDITURE AND THAT IT RELATES TO NEGLIGENCE OR IRREGULARITIES WHICH ARE ATTRIBUTABLE TO THE MEMBER STATES ONLY IN THE EXCEPTIONAL CASE OF IRREGULARITIES OR NEGLIGENCE ON THE PART OF OFFICIALS IN THE PUBLIC SERVICE ACTING IN BREACH OF THEIR PROFESSIONAL DUTY .
THE COMMISSION NEVERTHELESS RECOGNIZES THAT ACCORDING TO GENERAL LEGAL PRINCIPLES IT IS FOR THE COMMUNITY TO BEAR THE FINANCIAL CONSEQUENCES OF AN INCORRECT APPLICATION OF COMMUNITY LAW WHERE THAT APPLICATION IS ATTRIBUTABLE TO AN INSTITUTION OF THE COMMUNITY .
6THE TEXT OF ARTICLE 8 IN THE DIFFERENT LANGUAGE VERSIONS , CONSIDERED IN THE LIGHT OF THE ORIGINS OF THE PROVISION AND THE PREPARATORY DOCUMENTS , ON WHICH THE PARTIES HAVE BASED THEIR ARGUMENTS IN THE COURSE OF THE PROCEEDINGS , CONTAINS TOO MANY CONTRADICTORY AND AMBIGUOUS ELEMENTS TO PROVIDE AN ANSWER TO THE QUESTIONS AT ISSUE .
IN ORDER TO INTERPRET THAT PROVISION , THEREFORE , IT IS NECESSARY TO CONSIDER ITS CONTEXT AND THE OBJECTIVE OF THE RULES IN QUESTION .
7IN THIS RESPECT IT SHOULD BE NOTED , FIRST , THAT ARTICLE 8 DEFINES THE PRINCIPLES IN ACCORDANCE WITH WHICH THE COMMUNITY AND THE MEMBER STATES ARE TO ORGANIZE MEASURES TO COMBAT FRAUD AND OTHER IRREGULARITIES IN CONNEXION WITH THE OPERATIONS FINANCED BY THE EAGGF .
IT MAKES PROVISION BOTH FOR MEASURES FOR THE RECOVERY OF SUMS WRONGLY PAID AND FOR ADMINISTRATIVE AND JUDICIAL PROCEDURES AGAINST THE PERSONS RESPONSIBLE .
8IN CASES WHERE , VIEWED OBJECTIVELY , COMMUNITY LAW HAS BEEN INCORRECTLY APPLIED ON THE BASIS OF AN INTERPRETATION ADOPTED IN GOOD FAITH BY THE NATIONAL AUTHORITIES IT IS NOT POSSIBLE AS A GENERAL RULE , EITHER UNDER COMMUNITY LAW OR UNDER MOST OF THE NATIONAL LEGAL SYSTEMS , TO RECOVER SUMS PAID IN ERROR FROM THE RECIPIENTS AND IT IS NOT POSSIBLE TO UNDERTAKE ADMINISTRATIVE OR JUDICIAL PROCEDURES AGAINST THOSE RESPONSIBLE .
CONSEQUENTLY SUCH A SITUATION CANNOT FALL UNDER ARTICLE 8 BUT MUST , ON THE CONTRARY , BE EXAMINED IN THE LIGHT OF THE GENERAL PROVISIONS OF ARTICLES 2 AND 3 OF THE SAME REGULATION , ACCORDING TO WHICH REFUNDS GRANTED AND INTERVENTION UNDERTAKEN ' ' IN ACCORDANCE WITH THE COMMUNITY RULES ' ' WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS ARE TO BE FINANCED BY THE EAGGF .
THOSE PROVISIONS PERMIT THE COMMISSION TO CHARGE TO THE EAGGF ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUM PAID , AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS .
9THAT STRICT INTERPRETATION OF THE CONDITIONS UNDER WHICH EXPENDITURE IS TO BE BORNE BY THE