Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 25 July 2023 – Obshtina Belovo v Rakovoditel na Upravlyavashtia organ na Operativna programa ‘Okolna sreda’ 2014 – 2020

(Case C-477/23, Obshtina Belovo)

Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Appellant: Obshtina Belovo

Respondent: Rakovoditel na Upravlyavashtia organ na Operativna programa ‘Okolna sreda’ 2014 – 2020

Questions referred

Does the interpretation of Article 2(10), (36) and (37) of Regulation No 1303/2013 ¹ preclude national legislation, or an interpretation and application practice in respect of that legislation, whereby in a case such as that in the main proceedings only one of the partner municipalities (parties to the ADBFP), namely the one which signed the administrative agreement on the financial grant as the lead partner, is to be regarded as the beneficiary of the grant awarded from the European Structural and Investment Funds (‘ESI Funds’)? What conditions must an organisation fulfil to be classed as a beneficiary within the meaning of Article 2(10) of Regulation No 1303/2013 in a case such as the present one?

Does the interpretation of Article 2(10), (36) and (37) of Regulation No 1303/2013 preclude national legislation, or an interpretation and application practice in respect of that legislation, whereby in a case such as that in the main proceedings the financial correction is imposed on account of a breach by an economic operator of the public procurement provisions by means of a decision addressed to another economic operator which has not committed any breach but which is indicated as the lead partner in the contract concerning the financial grant?

Does Regulation No 1303/2013 preclude national legislation, or an interpretation and application practice in respect of that legislation, whereby liability for a financial correction may be contractually reassigned between project partners, or can or must each economic operator bear liability for financial corrections imposed in connection with breaches committed by it in the use of resources from ESI Funds under the contracts to which it is a party?

Do Articles 41 and 47 of the Charter of Fundamental Rights of the European Union, in a case such as that in the main proceedings, preclude national administrative practice and case-law according to which the municipality which is alleged to have breached the Zakon za obshtestvenite porachki (Law on public procurement) in awarding the public contract in the procedure for the use of resources from ESI Funds is granted neither the right to participate in the procedure for determining a financial correction relating to the contract it has concluded nor the right to take part in the judicial proceedings challenging that administrative act, on the grounds that civil proceedings are open to it by virtue of its partnership agreement with the lead partner?

____________

¹ Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ 2013 L 347, p. 320).