Opinion of the Advocate General — ECLI:EU:C:2011:845
Date: 2011-12-15
Language of the case: Polish
Subject matter: Agriculture and Fisheries;General provisions
Procedure: Reference for a preliminary ruling
Origin: Poland

Summary of the Judgment Agriculture — Common agricultural policy — Direct support schemes — Common rules — Single area payment scheme — Incorrect area declared (Commission Regulation No 1973/2004, Art. 138(1)) Article 138(1) of Regulation No 1973/2004 laying down detailed rules for the application of Regulation No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that regulation and the use of land set aside for the production of raw materials must be interpreted as meaning that the measures provided for in the second and third subparagraphs of that provision, 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 following three calendar years by an amount corresponding to the difference between the area declared and the area determined, do not constitute criminal penalties. (see para. 46, operative part)