44The Court has already held, as regards the third indent of Article 23(1) of Regulation No 4253/88, that such provision creates an obligation for the Member States to recover any amounts lost as a result of an irregularity or negligence, without any need for authority to do so under national law. Any exercise of discretion, by the Member State in question, to decide whether or not it would be expedient to demand repayment of European Union funds unduly or irregularly granted would be inconsistent with the abovementioned obligation to recover any such amounts (see, to that effect, judgment in Chambre de commerce and d’industrie de l’Indre, EU:C:2011:867, paragraphs 34 and 35 and the case-law cited).
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