Acórdão nº 0272/06 de Supremo Tribunal Administrativo (Portugal), 06 de Junho de 2007
Magistrado Responsável | ADÉRITO SANTOS |
Data da Resolução | 06 de Junho de 2007 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
Acordam, na Secção do Contencioso Administrativo, do Supremo Tribunal Administrativo: 1.
O Instituto de Financiamento da Agricultura e Pescas, I.P. (IFAP, I.P.), invocando a qualidade de sucessor do recorrido IFADAP, veio requerer a aclaração do acórdão, proferido a fls. 573 a 587, dos autos, que concedeu provimento a recurso interposto de sentença do Tribunal Administrativo do Circulo de Coimbra, julgou procedente o recurso contencioso, interposto por A..., SA, da deliberação, de 22.3.2000, do Conselho de Administração daquele IFADAP, que rescindiu unilateralmente o ‘contrato de atribuição de ajuda', celebrado, no âmbito do Projecto nº 1987.31.006636.7, ao abrigo do regulamento (CEE) nº 355/77 do Conselho, de 15 de Fevereiro de 1977, e legislação complementar, e determinou a liquidação do montante de Esc. 23.449.384$00.
A fundamentar esse pedido afirma que a decisão, contida nesse acórdão, no sentido de que o art.º 11, nº 2 do DL 5/89 (e não 5/91, como refere, por lapso), de 6 de Janeiro, é «claro em fazer depender de prévia decisão da Comissão Europeia o exercício da faculdade, que atribui ao IFADAP, de modificar ou rescindir unilateralmente os contratos relativos às comparticipações financeiras comunitárias», sendo «aparentemente clara, é, em nosso entender, obscura». Porquanto, acrescenta o requerente, fazendo invocação de decisão do Supremo Tribunal de Justiça, a interpretação correcta do indicado preceito legal é no sentido de que só a modificação do contrato de ajudas - e não já a respectiva rescisão - dependeria de prévia decisão da Comissão Europeia, por estar, nesse caso, plenamente acautelado o interesse desta entidade, sendo, por isso, inútil o respectivo acordo prévio.
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