Communication: judgment No. 0225 of 2020

IDENTIFIER
62020CA0225
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



21.2.2022   

EN

Official Journal of the European Union

C 84/11


Judgment of the Court (Sixth Chamber) of 16 December 2021 (request for a preliminary ruling from the Curtea de Apel Constanţa — Romania) — Euro Delta Danube SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură — Centrul Judeţean Tulcea

(Case C-225/20) (1)

(Reference for a preliminary ruling - Agriculture - Common agricultural policy - Delegated Regulation (EU) No 640/2014 - Area-related aid scheme - Single area payment - Eligibility criteria - Concession agreement for agricultural land - Change of use of that land without the agreement of the grantor - Agricultural use of areas intended for aquaculture use - Difference between the area declared and the area determined - Over-declaration - Administrative penalties)

(2022/C 84/12)

Language of the case: Romanian

Referring court

Curtea de Apel Constanţa

Parties to the main proceedings

Appellant: Euro Delta Danube SRL

Respondent: Agenţia de Plăţi şi Intervenţie pentru Agricultură — Centrul Judeţean Tulcea

Operative part of the judgment

Article 2(1)(23) and Article 19(1) and (2) of Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014, supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance, as amended by Commission Delegated Regulation (EU) 2016/1393 of 4 May 2016 must be interpreted as not providing for, in the context of the single area payment scheme, the imposition of administrative penalties for over-declaration on an applicant for agricultural aid, on the ground that he or she uses for agricultural purposes areas which have been granted to him or her for aquaculture use, without the agreement of the grantor to such a change of use of those areas, since that applicant enjoys a degree of autonomy with regard to that area sufficient for the carrying-out of his or her agricultural activity.


(1)  OJ C 297, 7.9.2020.



Citations

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