De Ruiter (Common agricultural policy - Calculation of the reduction - Opinion) [2020] EUECJ C-361/19_O (25 November 2020)

De Ruiter (Common agricultural policy - Calculation of the reduction - Opinion) [2020] EUECJ C-361/19_O (25 November 2020)

Article 97(1) of Regulation No 1306/2013 must be interpreted as meaning that reductions of direct payments due to non-compliance with cross-compliance rules must be calculated on the basis of the payments granted or to be granted in the year in which that non-compliance occurred, while Article 99(1) and Article 73(4)(a) of Implementing Regulation No 809/2014 require that such reductions be imputed to the payments granted or to be granted in the calendar year in which the non-compliance is found.

Citation
[2020] EUECJ C-361/19_O
Parties
Referring Court: College van Beroep voor het bedrijfsleven (Administrative Court of Appeal for Trade and Industry, Netherlands); Interested Party: Netherlands Government; Interested Party: German Government; Interested Party: Commission; Interested Party: Danish Government; Interested Party: Parliament; Interested Party: Council
Jurisdiction
European Union
Judgment Date
25 November 2020
Procedural Posture
Preliminary Ruling (article 267 Tfeu) / Opinion and Proposed Answer to Referred Question
Outcome
Question answered; interpretation of relevant EU law provided.
Legal Topics
Cross Compliance, Direct Payments, Common Agricultural Policy, Interpretation of EU Regulations, Administrative Penalties
European Union Law Agricultural Law Administrative Law Cross Compliance Direct Payments Common Agricultural Policy Interpretation of EU Regulations Administrative Penalties

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Parties

College van Beroep voor het bedrijfsleven (Administrative Court of Appeal for Trade and Industry, Netherlands)

Referring Court

Netherlands Government

Interested Party

German Government

Interested Party

Commission

Interested Party

Danish Government

Interested Party

Parliament

Interested Party

Council

Interested Party

Procedural Posture

Preliminary Ruling (article 267 Tfeu) / Opinion and Proposed Answer to Referred Question

Legal Issues

  1. 1 Whether reductions of direct payments due to non-compliance with cross-compliance rules must be calculated based on the year of occurrence or the year of finding of non-compliance under Regulation No 1306/2013 and Implementing Regulation No 809/2014.

Ratio Decidendi

Article 97(1) of Regulation No 1306/2013 must be interpreted as meaning that reductions of direct payments due to non-compliance with cross-compliance rules must be calculated on the basis of the payments granted or to be granted in the year in which that non-compliance occurred, while Article 99(1) and Article 73(4)(a) of Implementing Regulation No 809/2014 require that such reductions be imputed to the payments granted or to be granted in the calendar year in which the non-compliance is found.

Court Disposition

Question answered; interpretation of relevant EU law provided.

Orders

  • Article 97(1) of Regulation (EU) No 1306/2013 must be interpreted as meaning that reductions of direct payments due to non-compliance with cross-compliance rules must be calculated on the basis of the payments granted or to be granted in the year in which that non-compliance occurred.
  • Article 99(1) of Regulation (EU) No 1306/2013 and Article 73(4)(a) of Commission Implementing Regulation (EU) No 809/2014 must be interpreted as meaning that the reductions of direct payments thus calculated are to be imputed to the payments granted or to be granted in the calendar year in which the non-compliance...