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Estonia / Supreme Court, Administrative Chamber / 3-3-1-2-13

AS Liivimaa Lihaveis v Estonian-Latvian Monitoring Committee

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Administrative Chamber of the Supreme Court
Decision date:

Key facts of the case:

The Estonian-Latvian Territorial Cooperation Programme 2007 – 2013 was implemented according to Council Regulation 1083/2006, with the ERDF Regulation, with the Commission Regulation 1828/2006 and with the Community Strategic Guidelines on Cohesion Policy in Support of Growth and Jobs during 2007-2013. The Monitoring Committee (Seirekomitee) functions as the decisive and administrative body of the programme. The appellant applied for financing of one of its projects within programme, the application successfully passed the first selection phase of the competition, following which it was sent to the technical secretariat for quality assessment. Technical secretariat ranked the projects based on the results of the quality assessment phase and delivered the ranking to the monitoring committee for final decisions. The monitoring committee did not satisfy the applicant’s application, after which the latter contested the committee’s decision in administrative court. The guidelines of the programme state inter alia that:"The decisions of the Monitoring Committee are not appealable at any place of jurisdiction." According to the administrative court (halduskohus), the appellant did not have the right to contest the decision in administrative court and therefore the appeal was left without a move. The appellant filed an appeal against the court ruling in the circuit court (ringkonnakohus). The circuit court turned to the European Court of Justice for preliminary ruling and suspended the proceedings.