Fonduri UE. Condiţiile constarării unei nereguli. Caracterul prejudiciului.
EU founds. Conditions for finding an irregularity. The character of the damage.

Summary/Abstract: In order to find an irregularity in the sense above, there must be an offense, which consists in the action / inaction of the beneficiary, in breach of the legal provisions in force and of the financing contract, as well as damage consisting of the amount unduly paid. However, the damage must not be effective, but only presumed, the irregularity must be capable of causing damage, an aspect which arises from the very expression of the legislator "that may prejudice the budget"; "Could have the effect of prejudicing the general budget." Consequently, it is not necessary to prove actual damage, but only the capacity of the irregularity found to have an adverse effect on the Community budget. It is not disputed that the breach of the financing contract and the public procurement legislation incurs the ineligibility of the amounts claimed as non-repayable regardless of whether or not any damage was proven, the obligation to apply the financial corrections exists in all cases of finding fraud or irregularities , without the need to prove the existence of any damage. In that regard, the case-law of the Court of Justice of the European Union, which held that even infringements which do not have a precise financial impact may affect the financial interests of the Union - C-465/10 points 47 and C-199/03 point 31, the State being in a position to require the beneficiary concerned to reimburse the C-271 item 48, C-465/10, point 32, the general rule that any infringement must lead to the withdrawal of the advantage obtained fraudulently C-199 / 03, point 15.

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