28According to settled case-law, if the Commission did not carry out the correction due in respect of a previous year, but tolerated the irregularities on grounds of fairness, the Member State concerned does not acquire any right to demand that the same position be taken with regard to the irregularities with respect to the following financial year by virtue of the principle of legal certainty or the principle of protection of legitimate expectations (see Case C-55/91 Italy v Commission [1993] ECR I-4813, paragraph 67, and Case C-373/99 Greece v Commission [2001] ECR I-9619, paragraph 56).
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