Judgment_paragraph 65 · Etablissement national des produits de l’agriculture et de la mer (FranceAgriMer) v Vinifrance SA (C-670/11)

65Consequently, the obligation to give back an advantage improperly received by means of an irregular practice does not breach the principle of legality. A finding that the conditions required to obtain the advantage derived from the European Union law were created artificially makes, on any view, the advantage received a payment that was not due and thus justifies the obligation to repay it (see, to that effect, Emsland-Stärke, paragraph 56, and Case C-158/08 Pometon [2009] ECR I-4695, paragraph 28).

Etablissement national des produits de l’agriculture et de la mer (FranceAgriMer) v Vinifrance SA (C-670/11)

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