Bonda (Common agricultural policy) [2012] EUECJ C-489/10 (05 June 2012)

Bonda (Common agricultural policy) [2012] EUECJ C-489/10 (05 June 2012)

The measures under Article 138(1) of Regulation No 1973/2004, consisting in exclusion from aid and reduction of future aid, are administrative penalties integral to the EU aid scheme and do not constitute criminal penalties under EU law or the ECHR criteria; therefore, the ne bis in idem principle does not preclude subsequent criminal proceedings.

Citation
[2012] EUECJ C-489/10
Parties
Defendant: Mr Bonda; Prosecutor: Prokurator Generalny (Principal Public Prosecutor)
Jurisdiction
European Union
Judgment Date
05 June 2012
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Grand Chamber Judgment of the Court of Justice of the European Union
Outcome
Preliminary ruling: The measures under Article 138(1) of Regulation No 1973/2004 do not constitute criminal penalties.
Legal Topics
Ne Bis in Idem, Administrative Penalties, Criminal Penalties, EU Agricultural Subsidies, Interpretation of EU Regulations
European Union Law Criminal Law Administrative Law Agricultural Law Ne Bis in Idem Administrative Penalties Criminal Penalties EU Agricultural Subsidies +1 more

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Parties

Mr Bonda

Defendant

Prokurator Generalny (Principal Public Prosecutor)

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Grand Chamber Judgment of the Court of Justice of the European Union

Legal Issues

  1. 1 Whether the penalties under Article 138(1) of Regulation No 1973/2004 constitute criminal penalties for the purposes of the ne bis in idem principle

Ratio Decidendi

The measures under Article 138(1) of Regulation No 1973/2004, consisting in exclusion from aid and reduction of future aid, are administrative penalties integral to the EU aid scheme and do not constitute criminal penalties under EU law or the ECHR criteria; therefore, the ne bis in idem principle does not preclude subsequent criminal proceedings.

Court Disposition

Preliminary ruling: The measures under Article 138(1) of Regulation No 1973/2004 do not constitute criminal penalties.

Orders

  • Article 138(1) of Regulation No 1973/2004 must be interpreted as meaning that the measures provided for in the second and third subparagraphs, consisting in excluding a farmer from receiving aid for the year in which he made a false declaration of the eligible area and reducing the aid he can claim within the...