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Case C-360/20: Judgment of the Court (Eighth Chamber) of 14 October 2021 (request for a preliminary ruling from the Tribunalul Argeş — Romania) — Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei, formerly Ministerul Dezvoltării Regionale şi Administraţiei Publice v NE (Reference for a preliminary ruling — Protection of the European Union’s financial interests — Article 325 TFEU — Combating fraud and other illegal activities — Convention on the protection of the Union’s financial interests — Concept of ‘fraud’ — Unlawful conduct during a project’s sustainability phase)
ECLI:EU:UNKNOWN:62020CA0360
62020CA0360
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13.12.2021
Official Journal of the European Union
C 502/9
(Case C-360/20) (1)
(Reference for a preliminary ruling - Protection of the European Union’s financial interests - Article 325 TFEU - Combating fraud and other illegal activities - Convention on the protection of the Union’s financial interests - Concept of ‘fraud’ - Unlawful conduct during a project’s sustainability phase)
(2021/C 502/13)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei, formerly Ministerul Dezvoltării Regionale şi Administraţiei Publice
Defendant: NE
Operative part of the judgment
1.The concept of ‘fraud affecting the European [Union’s] financial interests’ referred to 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, signed in Brussels on 26 July 1995, must be interpreted as including the use of false or incorrect statements submitted following the execution of the funded project in order to give a semblance of compliance with the obligations laid down during the project’s sustainability phase.
2.The principle of primacy of EU law must be interpreted as requiring a national court to interpret provisions of national law consistently with the obligations arising from Article 325(1) and (2) TFEU, read in the light of 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, signed in Brussels on 26 July 1995, provided such an interpretation does not entail a breach of the principle of legality of criminal offences and penalties.
(1) OJ C 390, 16.11.2020.