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Dancila cabinet loses 80 million euro from the European funds

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Romania has to support financial corrections of 80 million euro due to some irregularities to the European funds for agriculture and development of the villages. The minister of foreign affairs who had to file the contestations did that too late. The case reached the European justice which rejected as inadmissible the file of Romania regarding the annulment of the financial corrections. ‘The arguments of Romania relies on confusion’ the EU tribunal said when referring to the file introduced by the governmental agent of Romania Radu cantar, subsecretary of state in the ministry of foreign affairs (MAE).

The decision on Tuesday of the tribunal of the European Union in Luxembourg received by HotNews.ro. shows that the ministry of foreign affairs postponed over the legal deadline to send to the European Commission a contestation through which to require the annulment of financial correction of 80 million euro for Romania  to pay due to irregularities to the European Funds in the National Programme of Rural Development.

Concretely, the European Commission decided on 13 June 2018 to apply to Romania financial corrections for a series of irregularities to European projects developed through the programme for agriculture and village development.

Two months namely until 24 August Romania had time to contest the financial corrections but only on 7 September 2018 the Dancila cabinet, through the governmental agent to the Court of Justice of EU Radu Cantar contested the financial corrections of 80 million euro applied by the Commission.

Radu Cantar, subsecretary of state of the MFA required the EU Tribunal in Luxembourg to annul the following financial corrections. Moreover the MFA official required ‘ the Commission to pay the tribunal expenses’.

On Tuesday 30 April 2019, the European tribunal rejected Cantar’s request as inadmissible and obliged Romania to pay for the tribunal expenses, including those of the European Commission. Thus, the country gets a loss of 80 million euro to the European funds which were attributed to it.

And as it was not enough, in its decision, the EU Tribunal shows the ridicule of the delayed action of the ministry of foreign affairs filed by the subsecretary of state Radu Cantar on 7 September 2018 against the corrections applied by the European Commission.

First, the Commission showed that Romania’s action was’ filed too late on 7 September 2018’.’ as the decision under discussion was notified to the Permanent Representative of Romania on 14 June 2018 the deadline for the filing of the action expired on 24 August 2018’.

The delay was acknowledged by the EU tribunal as well. ‘ Romania did not prove and did not bring any excusable error or major force case which would have allowed the Tribunal to postpone the deadline prescribed through article 45 of the second paragraph of the Statute of the Court of Justice of the European Union, applicable to the procedure in the Tribunal on the basis of art.53 of the above-mentioned statute. There results that the present action must be rejected as a whole as inadmissible’ concluded the European tribunal.
The EU tribunal shows that Romania, through its governmental agent Radu Cantar makes a confusion. ‘The arguments of Romania rely on a confusion between the conditions for admissibility of an action in annulment, mentioned in art..263 TFUE and those regarding the validity of the act under attack through such action (to see Ordnance of 11 December 2006, MMT/Commission T-392/05 non-published, EU: T: 2006:382, point 33) shows the decision of the EU Tribunal, presented by HotNews.ro

The financial corrections are paid by Romania, either through the beneficiaries of the projects with irregularities or through the state budget.

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