Euro Delta Danube (Judgment) French Text [2021] EUECJ C-225/20 (16 December 2021)

Euro Delta Danube (Judgment) French Text [2021] EUECJ C-225/20 (16 December 2021)

EU law does not allow the imposition of administrative sanctions for over-declaration in the surface aid scheme solely because the applicant used land for agricultural purposes without the lessor's consent for change of use from pisciculture, provided the applicant had sufficient autonomy to conduct agricultural...

Source-derived case information.

Citation
[2021] EUECJ C-225/20
Parties
Applicant: Euro Delta Danube SRL; Respondent: Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul Judeţean Tulcea
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Curtea De Apel Constanţa
Outcome
Reference answered; national law precluding aid and imposing sanctions in these circumstances is incompatible with EU law if the applicant had sufficient autonomy.
Legal Topics
Common Agricultural Policy, Direct Payments, Eligibility Criteria, Administrative Sanctions, Land Use, Surface Aid Scheme
European Union Law Agricultural Law Common Agricultural Policy Direct Payments Eligibility Criteria Administrative Sanctions Land Use Surface Aid Scheme

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Euro Delta Danube SRL

Applicant

Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul Judeţean Tulcea

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Curtea De Apel Constanţa

  1. 1 Whether EU law precludes national rules imposing administrative sanctions for over-declaration where agricultural land is used without the lessor's consent for agricultural purposes instead of piscicultural purposes.

Ratio Decidendi

EU law does not allow the imposition of administrative sanctions for over-declaration in the surface aid scheme solely because the applicant used land for agricultural purposes without the lessor's consent for change of use from pisciculture, provided the applicant had sufficient autonomy to conduct agricultural activity on the land.

Court Disposition

Reference answered; national law precluding aid and imposing sanctions in these circumstances is incompatible with EU law if the applicant had sufficient autonomy.

Orders

  • Article 2(1)(23) and Article 19 of Regulation (EU) No 640/2014 do not allow sanctions for over-declaration in these circumstances.
  • It is for the national court to determine if the applicant had sufficient autonomy over the land.