# C_2023321EN.01001401.xml

| 11.9.2023 | EN | Official Journal of the European Union | C 321/14 |
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11.9.2023

EN

Official Journal of the European Union

C 321/14

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Judgment of the Court (Eighth Chamber) of 13 July 2023 (request for a preliminary ruling from the Elegktiko Synedrio — Greece) — Achilleion Anomymi Xenodocheiaki Etaireia v Elliniko Dimosio

(Case C-313/22, (1) ACHILLEION)

(Reference for a preliminary ruling - Structural Funds - European Regional Development Fund (ERDF) - Co-financing - Regulation (EC) No 1260/1999 - Articles 30(4) and 39(1) - Durability of investment operations - ‘Substantial modification’ of a co-financed investment operation - Recovery of aid in the event of transfer of the establishment which is the subject of that operation - Effect of the specific circumstances surrounding that transfer)

(2023/C 321/17)

Language of the case: Greek

Referring court

Elegktiko Synedrio

Parties to the main proceedings

Appellant on a point of law: Achilleion Anomymi Xenodocheiaki Etaireia

Respondent: Elliniko Dimosio

Operative part of the judgment

| 1. | Article 30(4) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds
  must be interpreted as:






  — | meaning that the transfer of an establishment which is the subject of an investment operation co-financed by the European Union Structural Funds is capable of constituting a ‘substantial modification’ of that operation within the meaning of that provision, which it is for the referring court to ascertain, taking into account all the matters of fact and law at issue, in the light of the conditions laid down in that provision; |
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1.

Article 30(4) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds

must be interpreted as:

—

meaning that the transfer of an establishment which is the subject of an investment operation co-financed by the European Union Structural Funds is capable of constituting a ‘substantial modification’ of that operation within the meaning of that provision, which it is for the referring court to ascertain, taking into account all the matters of fact and law at issue, in the light of the conditions laid down in that provision;

| — | precluding national legislation which obliges the beneficiary of funding paid in respect of an investment operation co-financed by the European Union Structural Funds not to transfer, without exception, for a period of five years from the adoption of the completion decision for the investment in question, an establishment which is the subject of that operation, failing which a financial correction will be imposed accompanied by total or partial recovery of that funding. |
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—

precluding national legislation which obliges the beneficiary of funding paid in respect of an investment operation co-financed by the European Union Structural Funds not to transfer, without exception, for a period of five years from the adoption of the completion decision for the investment in question, an establishment which is the subject of that operation, failing which a financial correction will be imposed accompanied by total or partial recovery of that funding.

| 2. | Article 30(4) and Article 39(1) of Regulation No 1260/1999, read in conjunction with Article 17 of the Charter of Fundamental Rights of the European Union,
  must be interpreted as meaning that the financial corrections provided for in Article 39(1) must be made where the transfer of an establishment which is the subject of an investment operation co-financed by the European Union Structural Funds constitutes a substantial modification of that operation within the meaning of Article 30(4). |
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2.

Article 30(4) and Article 39(1) of Regulation No 1260/1999, read in conjunction with Article 17 of the Charter of Fundamental Rights of the European Union,

must be interpreted as meaning that the financial corrections provided for in Article 39(1) must be made where the transfer of an establishment which is the subject of an investment operation co-financed by the European Union Structural Funds constitutes a substantial modification of that operation within the meaning of Article 30(4).

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(1)  
  OJ C 311, 16.8.2022.

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