16.11.2020

EN

Official Journal of the European Union

C 390/18

(Case C-360/20)

(2020/C 390/27)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Ministerul Dezvoltării Regionale și Administrației Publice

Defendant: NE

Questions referred

1.Does the concept of fraud affecting the [European Union’s] financial interests, as provided for in Article 1(1)(a) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests, encompass an offence committed to give a semblance of compliance with the provisions laid down in Article 57(1) of Regulation (EC) No 1083/2006 (1), so as to prevent the application by the Member State of the rules laid down in paragraph 3 of that article, in conjunction with those laid down in Article 98 of that regulation, or only an offence committed prior to completion of the execution phase, excluding acts committed in the sustainability phase?

2.May EU law, and in particular the provisions of Article 4(3) TEU, in conjunction with those of Article 325(1) and (2) TFEU, [and] Article 1(1)(a) of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests, be interpreted as precluding a national provision that exempts from punishment a person accused of an offence committed after completion of the project execution phase — in other words, during the sustainability phase, and with regard to the obligations assumed by that person under the financing agreement — and as further precluding the national rule from being interpreted as meaning that the concept of fraud affecting the [European Union’s] financial interests does not also include the unlawful conduct of the beneficiary of the funding during the project sustainability phase, with regard to the obligations assumed under the financing agreement, regardless of the origin of the funds or the amounts disbursed in fulfilment of the obligations assumed by the beneficiary to ensure the sustainability of the project (the beneficiary’s own resources or [EU] funds)?

Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ 2006 L 210, p. 25).