Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei (Judgment) French Text [2021] EUECJ C-360/20 (14 October 2021)

Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei (Judgment) French Text [2021] EUECJ C-360/20 (14 October 2021)

The concept of 'fraud affecting the financial interests of the EU' under Article 1(1)(a) of the PIF Convention includes the intentional use of false or inaccurate statements after project completion to create the illusion of compliance with obligations during the sustainability period, for the purpose of unduly...

Source-derived case information.

Citation
[2021] EUECJ C-360/20
Parties
Applicant: Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei; Respondent: NE
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling / Judgment on Reference From Tribunalul Argeş (romania)
Outcome
Questions answered; interpretation provided.
Legal Topics
Protection of EU Financial Interests, Fraud, Interpretation of EU Law, Primacy of EU Law, Criminal Liability for Misuse of EU Funds
European Union Law Criminal Law Administrative Law Protection of EU Financial Interests Fraud Interpretation of EU Law Primacy of EU Law Criminal Liability for Misuse of EU Funds

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Parties

Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei

Applicant

NE

Respondent

Procedural Posture

Preliminary Ruling / Judgment on Reference From Tribunalul Argeş (romania)

  1. 1 Whether the concept of 'fraud affecting the financial interests of the EU' includes false statements made after project completion to create the illusion of compliance during the sustainability period.
  2. 2 Whether EU law precludes a national rule excluding criminal liability for acts committed during the sustainability period of an EU-funded project.

Ratio Decidendi

The concept of 'fraud affecting the financial interests of the EU' under Article 1(1)(a) of the PIF Convention includes the intentional use of false or inaccurate statements after project completion to create the illusion of compliance with obligations during the sustainability period, for the purpose of unduly retaining EU funds. The principle of primacy of EU law requires national courts to interpret domestic law in conformity with Article 325(1)-(2) TFEU and the PIF Convention, provided this does not breach the principle of legality in criminal law.

Court Disposition

Questions answered; interpretation provided.

Orders

  • The concept of 'fraud affecting the financial interests of the EU' includes false statements made after project completion to simulate compliance during the sustainability period.
  • National courts must interpret domestic law in conformity with Article 325(1)-(2) TFEU and the PIF Convention, unless this would violate the principle of legality in criminal law.