13.3.2017

Official Journal of the European Union

C 78/12

(Case C-667/16)

(2017/C 078/17)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicants: M.N.J.P.W. Nooren & J.M.F.D.C. Nooren, heirs of M.N.F.M. Nooren

Defendant: Staatssecretaris van Economische Zaken

Questions referred

1.Has the EU legislature provided for the possibility, in Articles 70, 71 and 72 of Commission Regulation (EC) No 1122/2009 (1) 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 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, — in situations such as that in the main proceedings, in which there are multiple instances of non-compliance within the same area of cross-compliance — of aggregating the reductions of aid for repeated and unrepeated instances of negligent non-compliance with cross-compliance requirements, on the one hand, and for instances of intentional non-compliance with cross-compliance conditions, on the other?

2.If so, which article or article section provides the basis for this and what is the calculation rule for such aggregation?

3.If not, can a basis for this be found elsewhere under EU law?

(1) OJ 2009 L 316, p. 65.