CELEX: C2001/173/01
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 25 January 2001 in Case C-413/98 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Directora-Geral do Departamento para os Assuntos do Fundo Social Europeu (DAFSE) v Frota Azul-Transportes e Turismo L.da (European Social Fund — Certification of facts and accounts — Powers of certification Limits)

16.6.2001               EN                      Official Journal of the European Communities                                              C 173/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.   The relevant Member State’s certification of the accuracy of the
                                                                                  facts and accounts in final payment claims must, for the
                         (Sixth Chamber)                                          purposes of Article 5(4) of Council Regulation (EEC)
                                                                                  No 2950/83 of 17 October 1983 on the implementation of
                                                                                  Decision 83/516/EEC on the tasks of the European Social
                        of 25 January 2001                                        Fund, be understood as including an assessment as to whether
                                                                                  the expenditure incurred is appropriate and justified.
in Case C-413/98 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo): Directora-Geral                        2.   A decision by the competent authorities of a Member State not
do Departamento para os Assuntos do Fundo Social                                  to certify the accuracy of the facts and accounts concerning a
Europeu (DAFSE) v Frota Azul-Transportes e Turismo                                portion of the expenditure in respect of a training operation to
                               L.da (1)                                           which the European Social Fund has contributed, on the ground
                                                                                  that the expenditure cannot be justified or is disproportionate,
                                                                                  must be regarded as a proposal addressed to the Commission of
(European Social Fund — Certification of facts and accounts                       the European Communities for that portion of the expenditure
                — Powers of certification Limits)                                 to be held to be ineligible.
                          (2001/C 173/01)                                    3.   The reduction or withdrawal of the national contribution
                                                                                  proposed by the competent authorities of a Member State
                                                                                  pursuant to a decision not to certify the accuracy of the facts or
                 (Language of the case: Portuguese)                               accounts as regards certain expenditure must be made the
                                                                                  subject of a final decision by the Commission concerning the
                                                                                  portion of the aid corresponding to the assistance from the
(Provisional translation; the definitive translation will be published            European Social Fund. That final decision of the Commission
                   in the European Court Reports)                                 approving the balance to be paid determines the amount of the
                                                                                  balance to be paid from the national contribution.
In Case C-413/98: reference to the Court under Article 177 of                4.   Community law does not preclude the competent authorities of
the EC Treaty (now Article 234 EC) from the Supremo Tribunal                      a Member State from requiring, as a purely protective measure,
Administrativo (Supreme Administrative Court) (Portugal) for                      repayment of the national contribution and of the assistance
a preliminary ruling in the proceedings pending before that                       from the European Social Fund before the adoption by the
court between Directora-Geral do Departamento para os                             Commission of its final decision.
Assuntos do Fundo Social Europeu (DAFSE) and Frota Azul-
Transportes e Turismo Ld.a — on the interpretation of Council                5.   Certification, for the purposes of the second sentence of
Decision 83/516/EEC of 17 October 1983 on the tasks of the                        Article 5(4) of Regulation No 2950/83, of the accuracy of the
European Social Fund (OJ 1983 289, p. 38), Council                                facts and accounts in the final payment claim in respect of a
Regulation (EEC) No 2950/83 of 17 October 1983 on the                             training operation does not preclude a Member State from
implementation of Decision 83/516/EEC (OJ 1983 L 289,                             undertaking a subsequent reassessment of the final payment
p. 1) and Commission Decision 83/673/EEC of 22 December                           claim and from submitting to the Commission, if necessary, a
1983 on the management of the European Social Fund (OJ                            revised application proposing that the assistance be reduced.
1983 L 377, p. 1) — the Court, composed of: C. Gulmann,
President of the Chamber, V. Skouris, J.-P. Puissochet,
R. Schintgen and F. Macken (Rapporteur), Judges; J. Mischo,                  (1) OJ C 33 of 6.2.1999.
Advocate General; R. Grass, for the Registrar, has given a
judgment on 25 January 2001, in which it has ruled: