Opinion of the Advocate General — ECLI:EU:C:2018:88
Date: 2018-02-21
Language of the case: Dutch
Subject matter: Agriculture and Fisheries;General provisions;Agricultural structures;Wine
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Netherlands

Summary — Judgment of the Court (First Chamber), 6 June 2018 Agriculture — Common agricultural policy — EAFRD financing — Support for rural development — Application of reductions in the case of negligence — Application of reductions and exclusions in cases of intentional non-compliance — Finding of multiple instances of non-compliance within the same area — Aggregation of reductions — Limits (Council Regulation No 73/2009, Arts 23 and 24; Commission Regulation No 1122/2009, Arts 70 to 72) Articles 70 to 72 of 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 by 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, read in conjunction with Articles 23 and 24 of 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, must be interpreted as meaning that, in a situation such as that in the main proceedings, in which there have been found to be multiple instances of non-compliance within the same area, the reduction of the total amount of direct payments that have been, or are to be, granted that is applicable to instances of negligent non-compliance, on the one hand, and the reduction that is applicable to instances of intentional non-compliance, on the other hand, must be aggregated, with the total amount of reductions for one calendar year having to be fixed in compliance with the principle of proportionality and without exceeding the total amount referred to in Article 23(1) of Regulation No 73/2009. (see para. 32, operative part)