Abstract

During the procedure for EU co-funding the participants may submit a protest requesting proper performance of duties in kind, and after resolution of the protest - an appeal to the administrative court. The participants are also entitled to claim damages for losses caused by breach of procedural duties by the organizer of the competition (Art. 471 of the Civil Code). After the final examination of the project followed, or not, by the conclusion of a funding agreement a stage begins at which a major role with respect to legal remedies is played by a common court, which deals, in particular, with requests to establish a co-financing agreement or disputes concerning proper performance thereof. In case a financial correction is imposed on the beneficiary when there is a reduction of the amounts requested by the beneficiary before its approval, the beneficiary is entitled to submit a substantiated statement of objections. The administrative decision establishing, inter alia, the amount to be reimbursed could be appealed, or the beneficiary may request re-consideration of the case and then file a complaint to an administrative court. The beneficiary is also entitled to legal protection remedies against financial corrections before common courts: claims for performance of the contract, claims for payment under undue performance provisions or for damages for potential losses incurred by the beneficiary as a result of unwarranted application of the correction and withholding the funding.