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Joined Cases C-160/21 and C-217/21: Judgment of the Court (Ninth Chamber) of 28 April 2022 (requests for a preliminary ruling from the Administrativen sad Veliko Tarnovo — Bulgaria) — ‘Nikopolis AD Istrum 2010’ EOOD (C-160/21), ‘Agro — eko 2013’ EOOD (C-217/21) v Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’ (Reference for a preliminary ruling — Common agricultural policy — Direct support schemes — Regulation (EU) No 1306/2013 — Payments to beneficiaries — Article 75 — Time limit for payment — Compliance — None — Tacit refusal of the application for aid)
ECLI:EU:UNKNOWN:62021CA0160
62021CA0160
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Official Journal of the European Union
C 237/16
(Joined Cases C-160/21 and C-217/21) (*)
(Reference for a preliminary ruling - Common agricultural policy - Direct support schemes - Regulation (EU) No 1306/2013 - Payments to beneficiaries - Article 75 - Time limit for payment - Compliance - None - Tacit refusal of the application for aid)
(2022/C 237/21)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicants: ‘Nikopolis AD Istrum 2010’ EOOD (C-160/21), ‘Agro — eko 2013’ EOOD (C-217/21)
Defendant: Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’
Operative part of the judgment
Article 75(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, as amended by Regulation (EU) 2017/2393 of the European Parliament of the Council of 13 December 2017, must be interpreted as meaning that failure by the paying agency of a Member State to pay, before the end of the time limit set down in that provision, aid applied for by a farmer, should not be regarded as constituting a tacit decision to reject the aid application in question, irrespective of whether the farmer concerned has or has not been informed of any additional checks which would justify such an overrun of that time limit.
(*)
Language of the case: Bulgarian
ECLI:EU:C:2022:140