55However, the Court held, in paragraph 61 of its judgment in Case C-295/02 Gerken [2004] ECR I-6369, that Article 2(2) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests is to be interpreted as meaning that where, in an application for ‘livestock’ aid covered ratione temporis by Regulation No 3887/92, there is an irregularity giving rise to a penalty under Article 10 (2) (a) of that regulation (now Article 10b(2), first and second subparagraphs, following the amendments made by Commission Regulation (EC) No 2801/1999 of 21 December 1999 (OJ 1999 L 340, p. 29)), the competent authorities must apply the provisions of Article 44(1) of Regulation No 2419/2001 retroactively on the ground that those provisions are less severe as regards the conduct in question (see also Case C-45/06 Campina [2007] ECR I-2089, paragraphs 32 and 33).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.