97Secondly, withholding 2% of the expenditure incurred in stocking the meat in Ireland would unjustly enrich the EAGGF. Ireland relies on a precedent in which the Commission, upon determining that a Member State was in technical breach of a Community rule but that the breach was unlikely to have given rise to any significant loss of Community funds, made a flat-rate deduction of 0.25% of the expenditure in question (Case C-22/89 Netherlands v Commission [1990] ECR I-4799). The principle of nondiscrimination now requires that Ireland should at least be given similar treatment.
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