CELEX: 62010CA0489
Language: en
Date: 2012-06-05 00:00:00
Title: Case C-489/10: Judgment of the Court (Grand Chamber) of 5 June 2012 (reference for a preliminary ruling from the Sąd Najwyższy — Poland) — Criminal proceedings against Łukasz Marcin Bonda (Common agricultural policy — Single area payment scheme — Regulation (EC) No 1973/2004 — Article 138(1) — Exclusion from receiving aid if the area declared is not correct — Administrative or criminal nature of that penalty — Rule against the overlapping of criminal penalties — Ne bis in idem principle)

21.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/2
            
         Judgment of the Court (Grand Chamber) of 5 June 2012 (reference for a preliminary ruling from the Sąd Najwyższy — Poland) — Criminal proceedings against Łukasz Marcin Bonda
   (Case C-489/10) (1)
   
   (Common agricultural policy - Single area payment scheme - Regulation (EC) No 1973/2004 - Article 138(1) - Exclusion from receiving aid if the area declared is not correct - Administrative or criminal nature of that penalty - Rule against the overlapping of criminal penalties - Ne bis in idem principle)
   2012/C 217/03
   Language of the case: Polish
   
      Referring court
   
   Sąd Najwyższy
   
      Party to the main criminal proceedings
   
   Łukasz Marcin Bonda
   
      Re:
   
   Reference for a preliminary ruling — Sąd Najwyższy — Interpretation of Article 138 of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) 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 (OJ 2004 L 345, p. 1) — Single area payment — Grant of aid excluded if the area declared is incorrect — Administrative or criminal nature of that penalty
   
      Operative part of the judgment
   
   Article 138(1) of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) 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.
   
      (1)  OJ C 13, 15.1.2011.