# C_2019413EN.01003201.xml

| 9.12.2019 | EN | Official Journal of the European Union | C 413/32 |
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9.12.2019

EN

Official Journal of the European Union

C 413/32

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Request for a preliminary ruling from the Augstākā tiesa (Senāts) (Latvia) lodged on 7 October 2019 — ZS Plaukti v Lauku atbalsta dienests

(Case C-736/19)

(2019/C 413/38)

Language of the case: Latvian

Referring court

Augstākā tiesa (Senāts)

Parties to the main proceedings

Appellant on a point of law: ZS ‘Plaukti’

Other party in the appeal on a point of law: Lauku atbalsta dienests

Questions referred

| 1. | Does the third subparagraph of Article 16(5) of Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, (1) as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures apply to a situation in which the applicant has failed to comply with the requirements relating to mowing the area for which the maintenance of pasture biodiversity payments were claimed (a requirement which goes beyond the mandatory minimum requirements under Article 39(3) of Regulation No 1698/2005 (2)) but where no change in the crop group has been found? |
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1.

Does the third subparagraph of Article 16(5) of Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, (1) as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures apply to a situation in which the applicant has failed to comply with the requirements relating to mowing the area for which the maintenance of pasture biodiversity payments were claimed (a requirement which goes beyond the mandatory minimum requirements under Article 39(3) of Regulation No 1698/2005 (2)) but where no change in the crop group has been found?

| 2. | Can both the penalty established in the third subparagraph of Article 16(5) of Commission Regulation (EU) No 65/2011 of 27 January 2011 and the penalty laid down in Article 18(1)(a) of Regulation No 65/2011 be imposed simultaneously for a single infringement? |
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2.

Can both the penalty established in the third subparagraph of Article 16(5) of Commission Regulation (EU) No 65/2011 of 27 January 2011 and the penalty laid down in Article 18(1)(a) of Regulation No 65/2011 be imposed simultaneously for a single infringement?

| 3. | Do Articles 4 and 6 of Council Regulation (EC) No 73/2009 (3) of 19 January 2009, in conjunction with Article 39(3) of Council Regulation (EC) No 1698/2005 of 20 September 2005 preclude national legislation according to which the same requirement can simultaneously be a mandatory minimum requirement and impose requirements greater than the minimum mandatory requirements (requirement for an agri-environment payment)? |
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3.

Do Articles 4 and 6 of Council Regulation (EC) No 73/2009 (3) of 19 January 2009, in conjunction with Article 39(3) of Council Regulation (EC) No 1698/2005 of 20 September 2005 preclude national legislation according to which the same requirement can simultaneously be a mandatory minimum requirement and impose requirements greater than the minimum mandatory requirements (requirement for an agri-environment payment)?

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(1)  OJ 2011 L 25, p. 8.

(2)  Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ 2005 L 277, p. 1).

(3)  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).

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