Abstract

The article overviews key judgments of the Supreme Court and common courts in cases related to the implementation of the cohesion policy and projects co-funded with EU money.

First of all, the author discusses the issue of admissibility of going to court in cases involving projects co-financed with European funds.

Then the author analyzes co-funding agreements and how to implement them, taking into account the structure of the rights and duties of the contracting parties, the purpose of the agreements, and contractual liability.

Particular attention was paid to the abuse of the subjective rights by the institutions which provide funding and its manifestations. As shown by practice this legal institution is often used by the courts in assessing the correctness of the execution of co-funding agreements.

Issues raised in the article are discussed with regard to the legal provisions adopted for the implementation of the cohesion policy in the 2014-2020 financial perspective, including current EU legislation relating to the new perspective.