Judgment_paragraph 164 · Commission of the European Communities v European Investment Bank (C-15/00)

164It is also appropriate to point out in that regard that if the scope of the provisions mentioned in the preceding paragraph is to be correctly assessed, account must be taken of all the matters relevant for the purpose of interpretation, including those mentioned at paragraphs 107 and 108 of this judgment. Thus, contrary to the EIB's submission, a decision by OLAF's Director to open an investigation, like the decision of an institution, body, office or agency 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 relating to acts of fraud, corruption or other illegal activities likely to be detrimental to the financial interests of the Communities. Furthermore, it is clear from the wording of Article 6(3) of Regulations Nos 1073/1999 and 1074/1999 that the written authority with which the OLAF inspectors must be equipped must indicate the subject-matter of the investigation.