R.M. and E.M. v Eesti Vabariik (Põllumajanduse Registrite ja Informatsiooni Amet) (C-437/22)

Judgment of 29 Feb 2024

law://eu/cjeu/2022/c-437-22/para_57@2026-11-13

57Consequently, the obligation to give back an advantage wrongly 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, judgment of 13 December 2012, FranceAgriMer, C‑670/11, EU:C:2012:807, paragraphs 63 to 65 and 67 and the case-law cited).

R.M. and E.M. v Eesti Vabariik (Põllumajanduse Registrite ja Informatsiooni Amet) (C-437/22)

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