Judgment_paragraph 141 · Commission of the European Communities v European Central Bank (C-11/00)

141As the Council has rightly pointed out, the system of investigation set up by Regulation No 1073/1999 is specifically intended to permit the investigation of suspicions relating to acts of fraud or corruption or other illegal activities detrimental to the financial interests of the European Community, without in any way being similar to forms of control which, like financial control, are likely to follow a more rigid pattern. Contrary to the ECB's submission in that regard, a decision by OLAF's Director to open an investigation, like the decision of an institution, body, agency or organ established by, or on the basis of, the Treaties to request that an investigation be opened, cannot be taken unless there are sufficiently serious suspicions. Furthermore, as the ECB itself has observed, it is clear from the wording of Article 6(3) of Regulation No 1073/1999 that the written authority with which the OLAF inspectors must be equipped must indicate the subject-matter of the investigation.