# C_2013284EN.01000201.xml

| 28.9.2013 | EN | Official Journal of the European Union | C 284/2 |
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28.9.2013

EN

Official Journal of the European Union

C 284/2

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Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas lodged on 19 July 2013 — UAB ‘Baltlanta’ v Lietuvos valstybė, represented by the Ministry of Agriculture of the Republic of Lithuania

(Case C-410/13)

2013/C 284/02

Language of the case: Lithuanian

Referring court

Referring court

Vilniaus apygardos administracinis teismas

Parties to the main proceedings

Parties to the main proceedings

Applicant: UAB ‘Baltlanta’

Applicant:

Defendant: Lietuvos valstybė (State of Lithuania), represented by the Ministry of Agriculture of the Republic of Lithuania

Defendant:

Questions referred

Questions referred

| 1. | Are the provisions of Article 38 of Regulation No 1260/1999, (1) laying down an obligation of the Member State to inform the European Commission of the progress of administrative and legal proceedings and to cooperate with the European Commission, to be interpreted as requiring the Member State to inform the European Commission about all legal disputes concerning the actions or inaction of the implementing, intermediate, managing or paying authorities connected with the assessment of an application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project? |
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1.

Are the provisions of Article 38 of Regulation No 1260/1999, (1) laying down an obligation of the Member State to inform the European Commission of the progress of administrative and legal proceedings and to cooperate with the European Commission, to be interpreted as requiring the Member State to inform the European Commission about all legal disputes concerning the actions or inaction of the implementing, intermediate, managing or paying authorities connected with the assessment of an application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project?

1

| 2. | Is Article 19 of Regulation No 2792/1999 (2) to be interpreted as requiring a Member State to have aid schemes established and to provide funds, in agreement with the European Commission, for those cases in which the courts are examining legal disputes concerning the actions or inaction of the implementing, intermediate, managing or paying authorities connected with the assessment of an application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project? |
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2.

Is Article 19 of Regulation No 2792/1999 (2) to be interpreted as requiring a Member State to have aid schemes established and to provide funds, in agreement with the European Commission, for those cases in which the courts are examining legal disputes concerning the actions or inaction of the implementing, intermediate, managing or paying authorities connected with the assessment of an application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project?

2

| 3. | Are the provisions of sections 6 and 7 of Commission Decision COM(2006)3424 establishing Guidelines on closure of assistance (2000 to 2006) from the Structural Funds to be interpreted as requiring a Member State to inform the European Commission about all legal disputes concerning the actions or inaction of the implementing, intermediate, managing or paying authorities connected with the assessment of an application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project, and to decide whether the operation should, wholly or partly, be withdrawn from the programme and/or replaced by another operation and so forth, or the operation should be retained in the programme, or to take other action to ensure the appropriate implementation of a decision on the award of assistance once the court proceedings have been concluded? |
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3.

Are the provisions of sections 6 and 7 of Commission Decision COM(2006)3424 establishing Guidelines on closure of assistance (2000 to 2006) from the Structural Funds to be interpreted as requiring a Member State to inform the European Commission about all legal disputes concerning the actions or inaction of the implementing, intermediate, managing or paying authorities connected with the assessment of an application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project, and to decide whether the operation should, wholly or partly, be withdrawn from the programme and/or replaced by another operation and so forth, or the operation should be retained in the programme, or to take other action to ensure the appropriate implementation of a decision on the award of assistance once the court proceedings have been concluded?

| 4. | Is the fact that, in the case examined in the national court, no specific measures have been laid down providing for the functions of the relevant State authorities when there are legal disputes concerning the actions or inaction of the implementing, intermediate, managing or payment authorities connected with the assessment of the application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project, that is to say, there is no provision that the relevant State authorities have an obligation to inform the European Commission about court proceedings that are taking place and to take measures so that funds that have been provided are reserved for the disputed assistance until the question of the award of the assistance has been finally decided, compatible with the Member State’s obligation under Article 38 of Regulation No 1260/1999 to inform the European Commission about the progress of administrative and legal proceedings and to cooperate with the European Commission, with Article 19 of Regulation No 2792/1999, and with the requirements of sections 6 and 7 of Commission Decision COM(2006)3424 establishing Guidelines on the closure of assistance (2000 to 2006) from the Structural Funds? |
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4.

Is the fact that, in the case examined in the national court, no specific measures have been laid down providing for the functions of the relevant State authorities when there are legal disputes concerning the actions or inaction of the implementing, intermediate, managing or payment authorities connected with the assessment of the application, with selection, with adoption of the decision on the award of the assistance or with implementation of the project, that is to say, there is no provision that the relevant State authorities have an obligation to inform the European Commission about court proceedings that are taking place and to take measures so that funds that have been provided are reserved for the disputed assistance until the question of the award of the assistance has been finally decided, compatible with the Member State’s obligation under Article 38 of Regulation No 1260/1999 to inform the European Commission about the progress of administrative and legal proceedings and to cooperate with the European Commission, with Article 19 of Regulation No 2792/1999, and with the requirements of sections 6 and 7 of Commission Decision COM(2006)3424 establishing Guidelines on the closure of assistance (2000 to 2006) from the Structural Funds?

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(1)  Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1).

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(2)  Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ 1999 L 337, p. 10).

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