on the legal assessment of certain guarantees associated with aid contracts
On the basis of a motion for a preliminary ruling submitted by Panel No. P.VI of the Curia, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
A legal statement shall be classified as a surety if a “surety’s undertaking” issued by a financial institution as security for the repayment of an advance payment in connection with an aid contract that is classified as a civil law contract [pursuant to Government Decree No. 272/2014 (5 November 2014) on the Rules for the Use of Assistance from Certain European Union Funds in the 2014-2020 Programming Period] does not constitute a guaranteeing declaration as specified by Section 83 (1) (a) of the Government Decree based on Points 82 and 83.1 (a) of the Standard Operating Manual, but it qualifies as a surety laid down by Section 83 (1) (d).
The provisions on suretyship of Act V of 2013 on the Civil Code shall apply to this surety in matters not covered by special legislation and the surety’s undertaking.