40However, since those assets are withdrawn from the EU budget and transferred to the Member States, they cannot be regarded, once paid out, as assets of the European Union, within the meaning of the last sentence of Article 1 of the Protocol. Such an interpretation is supported by the case-law of the Court, which states that, once the Commission has granted financial assistance to a Member State under a Fund, that State must be considered to be entitled to the financial assistance in question (see, by analogy, judgment of 10 September 2009, Commission v Ente per le Ville Vesuviane and Ente per le Ville Vesuviane v Commission, C‑445/07 P and C‑455/07 P, EU:C:2009:529, paragraph 51).
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