# C_2021206EN.01001601.xml

| 31.5.2021 | EN | Official Journal of the European Union | C 206/16 |
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31.5.2021

EN

Official Journal of the European Union

C 206/16

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Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo (Bulgaria) lodged on 10 March 2021 — ‘NIKOPOLIS AD ISTRUM 2010’ EOOD v Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’

(Case C-160/21)

(2021/C 206/20)

Language of the case: Bulgarian

Referring court

Administrativen sad Veliko Tarnovo

Parties to the main proceedings

Applicant:‘NIKOPOLIS AD ISTRUM 2010’ EOOD

Defendant: Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’

Questions referred

| 1. | Does the term ‘payment’ used in Article 75(1) of Regulation No 1306/2013 (1) of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy signify the conclusion of the procedure initiated on the basis of a payment claim? |
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1.

Does the term ‘payment’ used in Article 75(1) of Regulation No 1306/2013 (1) of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy signify the conclusion of the procedure initiated on the basis of a payment claim?

| 2. | Does the actual receipt of the amount claimed by a farmer equate to a positive decision by the paying agency on the application for activation of payment entitlements or does the non-receipt of funds in the case of publicly notified payments for the measure concerned constitute a refusal of the claimed payment entitlements where the person has not been notified of the continuation of the procedure by way of new checks? |
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2.

Does the actual receipt of the amount claimed by a farmer equate to a positive decision by the paying agency on the application for activation of payment entitlements or does the non-receipt of funds in the case of publicly notified payments for the measure concerned constitute a refusal of the claimed payment entitlements where the person has not been notified of the continuation of the procedure by way of new checks?

| 3. | Does the time limit under Article 75(1) of Regulation No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy require the Member States to verify the eligibility conditions before its expiry, and can that verification continue only exceptionally? |
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3.

Does the time limit under Article 75(1) of Regulation No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy require the Member States to verify the eligibility conditions before its expiry, and can that verification continue only exceptionally?

| 4. | Does failure to comply with the time limit under Article 75(1) of Regulation No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy constitute a tacit refusal to pay aid where a farmer has not been notified of the carrying out of supplementary checks and there is no written document in relation thereto? |
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4.

Does failure to comply with the time limit under Article 75(1) of Regulation No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy constitute a tacit refusal to pay aid where a farmer has not been notified of the carrying out of supplementary checks and there is no written document in relation thereto?

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(1)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ 2013 L 347, p. 549).

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