European non-reimbursable funds. Principles of legal security and legitimate trust. Inconsistency between stipulated requirements. Effects on the eligibility of the application

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

In terms of the purpose envisaged in the establishment of the two documents subject to the analysis, a requirement that is exclusively stipulated in the Manual of Procedure for the evaluation and selection of financing/aid applications, without also being mentioned in the Applicant's Guide, cannot be held against the beneficiary, as the principle of legal certainty and reasons of predictability of the procedural legal provisions regarding the formulation and submission of applications for financial support require the interpretation of inconsistencies existing between the content of the two documents in favour of the applicant and to the detriment of their issuer, which cannot claim its own fault in the deficient drafting of the documents in order to support its own interests.