RASK successfully represents client in Supreme Court dispute with ARIB.
RASK represented Kalatex MTÜ in a dispute with the Estonian Agricultural
Registers and Information Board (ARIB) over the recovery of support. The
Supreme Court agreed with RASK that there was no basis for recovering the
support and the decision of ARIB was unlawful.
In its new decision, the Supreme Court maintained its previous position and reaffirmed the following principles:
(1) in assessing the appropriateness of the use of support, ARIB must take into account not only the submitted business plan but also the fulfilment of the objectives of the operational programme related to the specific support measure;
(2) when identifying possible violations, ARIB must consider more precisely their value, scope and the applicable time limit;
(3) when assessing the fulfilment of the durability requirement, ARIB must take into account the time limit (5 years) and conditions provided in the relevant Council Regulation, rather than the national requirement of 15 years.