Obcina Gorje (Judgment) [2016] EUECJ C-111/15 (07 July 2016)

Obcina Gorje (Judgment) [2016] EUECJ C-111/15 (07 July 2016)

Article 71 of Regulation No 1698/2005 does not preclude national rules limiting eligibility to expenditure incurred after the decision granting support, but Article 71(3) read with Article 30 of Regulation No 65/2011 precludes national law that rejects an entire payment claim for some ineligible expenditure unless there is intentional false declaration.

Citation
[2016] EUECJ C-111/15
Parties
Applicant: Občina Gorje; Respondent: Republika Slovenija
Jurisdiction
European Union
Judgment Date
07 July 2016
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling issued; national law upheld in part and precluded in part.
Legal Topics
Rural Development Aid, Eligibility of Expenditure, EU Funds, National Implementation of EU Law
European Union Law Administrative Law Rural Development Aid Eligibility of Expenditure EU Funds National Implementation of EU Law

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Parties

Občina Gorje

Applicant

Republika Slovenija

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether Article 71 of Regulation No 1698/2005 precludes national legislation limiting eligibility of expenditure to that incurred after the decision granting support
  2. 2 Whether national law may reject an entire payment claim if some expenditure was incurred before the decision granting support, absent intentional false declaration

Ratio Decidendi

Article 71 of Regulation No 1698/2005 does not preclude national rules limiting eligibility to expenditure incurred after the decision granting support, but Article 71(3) read with Article 30 of Regulation No 65/2011 precludes national law that rejects an entire payment claim for some ineligible expenditure unless there is intentional false declaration.

Court Disposition

Preliminary ruling issued; national law upheld in part and precluded in part.

Orders

  • Article 71 of Regulation No 1698/2005 does not preclude national law limiting eligibility to post-decision expenditure.
  • Article 71(3) of Regulation No 1698/2005, read with Article 30 of Regulation No 65/2011, precludes national law rejecting an entire payment claim for some ineligible expenditure unless there is intentional false declaration.