# C_2016335EN.01001302.xml

| 12.9.2016 | EN | Official Journal of the European Union | C 335/13 |
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12.9.2016

EN

Official Journal of the European Union

C 335/13

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Judgment of the Court (Fifth Chamber) of 7 July 2016 (request for a preliminary ruling from the Upravno sodišče Republike Slovenije — Slovenia) — Občina Gorje v Republika Slovenija

(Case C-111/15) (1)

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((Reference for a preliminary ruling - Common agricultural policy - Regulation (EC) No 1698/2005 - Regulation (EU) No 65/2011 - Financing by the EAFRD - Support for rural development - Rules on eligibility of operations and expenditure - Temporal condition - Complete exclusion - Reduction of the aid))

(2016/C 335/17)

Language of the case: Slovenian

Referring court

Referring court

Upravno sodišče Republike Slovenije

Parties to the main proceedings

Parties to the main proceedings

Applicant: Občina Gorje

Applicant:

Defendant: Republika Slovenija

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 71 of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which expenditure is eligible for a European Agricultural Fund for Rural Development contribution to the co-financing of an operation selected by the Managing Authority of the rural development programme in question or under its responsibility only where it is incurred after the adoption of the decision granting such support. |
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1.

Article 71 of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which expenditure is eligible for a European Agricultural Fund for Rural Development contribution to the co-financing of an operation selected by the Managing Authority of the rural development programme in question or under its responsibility only where it is incurred after the adoption of the decision granting such support.

| 2. | Article 71(3) of Regulation No 1698/2005, read in conjunction with Article 30 of Commission Regulation (EU) No 65/2011 of 27 January 2011, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides for the rejection in its entirety of a payment claim relating to an operation selected for European Agricultural Fund for Rural Development co-financing where certain expenditure incurred in respect of that operation was incurred prior to the adoption of the decision granting such support, where the beneficiary of the support did not intentionally make a false declaration in its payment claim. |
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2.

Article 71(3) of Regulation No 1698/2005, read in conjunction with Article 30 of Commission Regulation (EU) No 65/2011 of 27 January 2011, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides for the rejection in its entirety of a payment claim relating to an operation selected for European Agricultural Fund for Rural Development co-financing where certain expenditure incurred in respect of that operation was incurred prior to the adoption of the decision granting such support, where the beneficiary of the support did not intentionally make a false declaration in its payment claim.

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(1)  OJ C 245, 27.7.2015.

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