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HCCJ. Refusal to grant a subsidy. The power to hear the case

High Court of Cassation and Justice decided that, in case of request having object the demand of the defendant authority given to the government grant for eligible expenditures, under the Agricultural Credit Act for production, jurisdiction to hear the case is determined solely according to the criterion of sum amount representing object of dispute, whether the contested measure is issued by a local government. So, the Administrative Litigation Law established substantive jurisdiction to hear cases in relation to two criteria: the place occupied by the body that issued or signed the act and the amount of litigation that covers taxes, contributions, customs duties and their accessories. In this case, the High Court held that, in the case of a grant that represents a state aid provided for financial help, this grant is a contribution under the Administrative Litigation Act, so that substantive jurisdiction of the case is always determined according to the value criterion. (Decision no. 1424 of 19 March 2014 issued by the Administrative and Fiscal Department of the High Court of Cassation and Justice covering the obligation to grant subsidy allocated on Agricultural Credit Act)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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