# C_2006154EN.01000502.xml

| 1.7.2006 | EN | Official Journal of the European Union | C 154/5 |
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1.7.2006

EN

Official Journal of the European Union

C 154/5

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Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven lodged on 23 March 2006 — Stichting ROM-projecten v Staatssecretaris van Economische Zaken

(Case C-158/06)

(2006/C 154/11)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicants: Stichting ROM-projecten

Applicants:

Defendants: Staatssecretaris van Economische Zaken

Defendants:

Questions referred

| 1. | Is Article 6 of the Commission Decision of 16 October 1995 concerning a contribution from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) for an operational programme within the framework of the SME Community initiative for the benefit of areas eligible under Objectives 1 and 2 in the Netherlands (C(95) 1753) unconditional and sufficiently clear and precise to be directly applicable in the national legal order? |
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1.

Is Article 6 of the Commission Decision of 16 October 1995 concerning a contribution from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) for an operational programme within the framework of the SME Community initiative for the benefit of areas eligible under Objectives 1 and 2 in the Netherlands (C(95) 1753) unconditional and sufficiently clear and precise to be directly applicable in the national legal order?

| 2. | If the answer to question 1 is in the affirmative:
  Must Article 249 EC be interpreted as meaning that Article 6 of that decision has a direct effect so as to require an individual, as a final beneficiary, to enter into the legally binding commitments referred to in that respect and to specifically allocate the requisite finance no later than 31 December 1999? |
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2.

If the answer to question 1 is in the affirmative:

Must Article 249 EC be interpreted as meaning that Article 6 of that decision has a direct effect so as to require an individual, as a final beneficiary, to enter into the legally binding commitments referred to in that respect and to specifically allocate the requisite finance no later than 31 December 1999?

| 3. | If the answer to question 2 is in the affirmative:
  Does Article 38(1)(h) of Council Regulation (EC) No 1260/1999 (1) of 21 June 1999 laying down general provisions on the Structural Funds, viewed in the light of the principles of Community law, leave the Member States scope to refrain from recovery on account of an infringement of a provision where the subsidy beneficiary concerned was unaware of that provision and is not at fault for its lack of knowledge of that provision? |
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3.

If the answer to question 2 is in the affirmative:

Does Article 38(1)(h) of Council Regulation (EC) No 1260/1999 (1) of 21 June 1999 laying down general provisions on the Structural Funds, viewed in the light of the principles of Community law, leave the Member States scope to refrain from recovery on account of an infringement of a provision where the subsidy beneficiary concerned was unaware of that provision and is not at fault for its lack of knowledge of that provision?

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(1)  OJ L 161, 21.06.2001, p.1.

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