Court dismisses appeal against administrative fine, upholding lower court's finding of fraud in EU subsidy claim.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the appeal filed by Teresa Cacchiarelli against an administrative fine imposed by the Marche Region for fraudulently claiming EU agricultural subsidies. The lower court found that Cacchiarelli had received and kept public funds without restitution, proving both the falsity of her application and her intent to misuse the benefits. The Supreme Court affirmed this factual assessment, ruling that the evidence conclusively demonstrated the documents were not forged but rather the claim itself was fraudulent.
Regesto Legislator
Generato dall'IAArt. 360 n. 5 c.p.c.; Art. 22 L. 689/1981: The appellate court's finding of fraud based on the recipient's retention of public funds without restitution constitutes a valid appraisal of facts, precluding cassation review.