Request for a preliminary ruling from the Rēzeknes tiesa (Latvia) lodged on 28 November 2018 — Elme Messer Metalurgs v Latvijas Investīciju un attīstības aģentūra

(Case C-743/18)

(2019/C 54/12)

Language of the case: Latvian

Referring court

Rēzeknes tiesa

Parties to the main proceedings

Applicant: SIA ‘Elme Messer Metalurgs’

Defendant: Latvijas Investīciju un attīstības aģentūra

Question referred

Must Article 2(7) of Council Regulation No 1083/2006 (1) be interpreted as meaning that a situation in which the beneficiary of funding is unable to achieve the expected level of turnover during the relevant period because, during that period, the business of its sole partner has been suspended or that partner has become insolvent is to be considered an act or omission by an economic operator (the beneficiary of funding) which has, or would have, the effect of prejudicing the general budget of the European Union?

(1)  Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ 2006 L 210, p. 25).