# C_2014292EN.01001601.xml

| 1.9.2014 | EN | Official Journal of the European Union | C 292/16 |
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1.9.2014

EN

Official Journal of the European Union

C 292/16

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Request for a preliminary ruling from the Curtea de Apel Bacău (Romania) lodged on 30 May 2014 — Județul Bacău v Ministerul Dezvoltării Regionale și Administrației Publice

(Case C-261/14)

2014/C 292/20

Language of the case: Romanian

Referring court

Referring court

Curtea de Apel Bacău

Parties to the main proceedings

Parties to the main proceedings

Applicant: Județul Bacău

Applicant:

Defendant: Ministerul Dezvoltării Regionale și Administrației Publice

Defendant:

Questions referred

Questions referred

| 1) | Must the second sentence of Article 98(2) of Regulation (EC) No 1083/2006 (1) interpreted as meaning that financial corrections by Member States, if applied to co-financed expenditure under Structural Funds for failure to comply with rules concerning public contracts, are administrative measures within the meaning of Article 4 of Regulation (EC) No 2988/1995 (2) or are they administrative penalties within the meaning of Article 5(c) of that regulation? |
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1)

Must the second sentence of Article 98(2) of Regulation (EC) No 1083/2006 (1) interpreted as meaning that financial corrections by Member States, if applied to co-financed expenditure under Structural Funds for failure to comply with rules concerning public contracts, are administrative measures within the meaning of Article 4 of Regulation (EC) No 2988/1995 (2) or are they administrative penalties within the meaning of Article 5(c) of that regulation?

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| 2) | If the answer to the first question is to the effect that financial corrections are administrative penalties, it must be established whether the principle of retroactive application of the less severe penalty referred to in the second sentence of Article 2(2) of Regulation (EC) No 2988/1995 applies. |
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2)

If the answer to the first question is to the effect that financial corrections are administrative penalties, it must be established whether the principle of retroactive application of the less severe penalty referred to in the second sentence of Article 2(2) of Regulation (EC) No 2988/1995 applies.

| 3) | If the answer to the first question is to the effect that financial corrections are administrative penalties, then in circumstances in which financial corrections have been applied to co-financed expenditure under Structural Funds for failure to comply with rules on public contracts, does Article 2(2) of Regulation (EC) No 2988/1995 in conjunction with the second sentence of Article 98(2) of Regulation (EC) No 1083/2006, prevent a Member State from applying financial corrections governed by an internal legislative measure which entered into force at a time after that at which it is maintained that the alleged infringement of the rules on public contracts took place? |
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3)

If the answer to the first question is to the effect that financial corrections are administrative penalties, then in circumstances in which financial corrections have been applied to co-financed expenditure under Structural Funds for failure to comply with rules on public contracts, does Article 2(2) of Regulation (EC) No 2988/1995 in conjunction with the second sentence of Article 98(2) of Regulation (EC) No 1083/2006, prevent a Member State from applying financial corrections governed by an internal legislative measure which entered into force at a time after that at which it is maintained that the alleged infringement of the rules on public contracts took place?

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(1)  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).

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(2)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ 1995 L 312, p. 1).

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