38As regards the third condition necessary for the characterisation of an ‘irregularity’, within the meaning of Article 2(7) of that regulation, namely that the infringement of EU or national law by an economic operator has, or would have, the effect of prejudicing the general budget of the European Union, it must be pointed out, as is apparent in particular from the words ‘would have the effect of’, that that condition does not require the existence of a specific financial impact on the EU budget to be demonstrated. A failure to comply with the public procurement rules constitutes an irregularity, within the meaning of that provision, in so far as the possibility cannot be excluded that that failure will have an impact on the budget of the fund concerned (see, to that effect, judgment of 6 December 2017, Compania Naţională de Administrare a Infrastructurii Rutiere, C‑408/16, EU:C:2017:940, paragraphs 60 and 61 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.