The Supreme Court gave a very important and favourable for entrepreneurs judgement concerning the prerequisites of reclaim of the EU subsides. The judgement undermines the profiscal interpretation of State Treasury Solicitors’ Office and extends the possibility for the entrepreneurs to defend their interest.
According to the core of the judgement, the breach of the subside contract cannot be the basis of reclaiming the whole subside, if the entrepreneur has breached this contract only partially. According to the Supreme Court, the entrepreneur can be obliged to reimbursement only within this scope, in which he has not fulfilled the contract’s provisions.
The entrepreneurs and the experts found the judgement positive. It gives a chance to change the current unfavourable practice.