# C_2021320EN.01003002.xml

| 9.8.2021 | EN | Official Journal of the European Union | C 320/30 |
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9.8.2021

EN

Official Journal of the European Union

C 320/30

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Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 2 June 2021 — PV v Zamestnik izpalnitelen direktor na Darzhaven fond ‘Zemedelie’

(Case C-343/21)

(2021/C 320/31)

Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Appellant: PV

Respondent: Zamestnik izpalnitelen direktor na Darzhaven fond ‘Zemedelie’

Questions referred

| 1. | Does the interpretation of Article 45(4) of Regulation (EC) No 1974/2006 (1) laying down detailed rules for the application of Regulation (EC) No 1698/2005 permit the assumption that, in a case such as the present one, a holding has been ‘reparcelled’ or has been the subject of ‘land-consolidation measures’ as a result of which the beneficiary is unable to comply with the commitments given by him or her? |
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1.

Does the interpretation of Article 45(4) of Regulation (EC) No 1974/2006 (1) laying down detailed rules for the application of Regulation (EC) No 1698/2005 permit the assumption that, in a case such as the present one, a holding has been ‘reparcelled’ or has been the subject of ‘land-consolidation measures’ as a result of which the beneficiary is unable to comply with the commitments given by him or her?

| 2. | If the first question is answered in the affirmative, does the fact that a Member State has not taken the measures necessary to allow the beneficiary’s commitments to be adapted to the new situation of the holding provide justification for not requiring reimbursement of the funds in respect of the period in which the commitment was effective? |
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2.

If the first question is answered in the affirmative, does the fact that a Member State has not taken the measures necessary to allow the beneficiary’s commitments to be adapted to the new situation of the holding provide justification for not requiring reimbursement of the funds in respect of the period in which the commitment was effective?

| 3. | If the first question is answered in the negative, how is Article 31 of Council Regulation (EC) No 73/2009 (2) of 19 January 2009 to be interpreted in the light of the facts established in the main proceedings and what is the nature of the time limit under Article 75(2) of Commission Regulation (EC) No 1122/2009 (3) of 30. November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009? |
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3.

If the first question is answered in the negative, how is Article 31 of Council Regulation (EC) No 73/2009 (2) of 19 January 2009 to be interpreted in the light of the facts established in the main proceedings and what is the nature of the time limit under Article 75(2) of Commission Regulation (EC) No 1122/2009 (3) of 30. November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009?

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(1)  Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ 2006 L 368, p. 15, Special edition in Bulgarian: Chapter 03 Volume 080 P. 133).

(2)  Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

(3)  Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (OJ 2009 L 316, p. 65).

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