Practica judiciară neunitară. Restabilirea situației anterioare prin anularea contractelor de finanţare încheiate în mod fraudulos în cazul săvârșirii infracţiunii împotriva intereselor financiare ale UE prevăzută de art. 18^1 din Legea nr. 78/2000
Non-unitary judicial practice. Restoring the situation prior to committing the offense against the EU financial interests provided by Article 18^1 of Law no. 78/2000. Canceling the fraudulently concluded financing contracts

Summary/Abstract: Sanctioning the offences provided by Article 18^1 of Law no. 78/2000 supposes the cancellation of false statements or documents used or presented for the misappropriation or wrongful retention of funds or assets from the Union budget or budgets managed by the Union, or on its behalf and for the illegal diminution of the resources of the same budgets. When sanctioning of the offense provided by Article 181 of Law no. 78/2000, according to the criminal procedure provisions regarding the restoration of the situation prior to the commission of the offense, fraudulently concluded financing contracts may be canceled, but only at the request of the civil party. The article presents the different jurisprudential opinions on this issue, illustrated with extracts from courts decisions, accompanied by the author commentaries.

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