Judgment_paragraph 42 · Azienda Nazionale Autonoma Strade SpA (ANAS) v Ministero delle Infrastrutture e dei Trasporti (C-545/21)

42Pursuant to Article 98(1) of Regulation No 1083/2006, which deals specifically with financial corrections by Member States, the Member States in the first instance are to bear responsibility for investigating irregularities, acting upon evidence of any major change affecting the nature or the conditions for the implementation or control of operations or operational programmes and making the financial corrections required. Paragraph 2 of that article states, first, that the Member States are to make the financial corrections required in connection with the individual or systemic irregularities detected in operations or operational programmes and, secondly, those corrections are to consist of cancelling all or part of the public contribution to the operational programme, taking into account the nature and gravity of the irregularities and the financial loss to the fund.