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Case C-79/23, Kaszamás : Judgment of the Court (Seventh Chamber) of 18 April 2024 (request for a preliminary ruling from the Fővárosi Törvényszék – Hungary) – FJ v Agrárminiszter (Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes for farmers – Regulation (EC) No 1122/2009 – Single area payment scheme – Article 58 – Reductions and exclusions applicable in the event of over-declarations – Penalty for over-declaration exceeding 50% of the area determined – Recovery of the amount of the penalty during the three calendar years following the calendar year of the finding – Concept of ‘finding’ – Control report finding irregularities in the aid application concerned)
ECLI:EU:UNKNOWN:62023CA0079
62023CA0079
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Official Journal of the European Union
C series
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C/2024/3428
10.6.2024
(Case C-79/23,
Kaszamás)
(Reference for a preliminary ruling - Agriculture - Common agricultural policy - Direct support schemes for farmers - Regulation (EC) No 1122/2009 - Single area payment scheme - Article 58 - Reductions and exclusions applicable in the event of over-declarations - Penalty for over-declaration exceeding 50 % of the area determined - Recovery of the amount of the penalty during the three calendar years following the calendar year of the finding - Concept of ‘finding’ - Control report finding irregularities in the aid application concerned)
(C/2024/3428)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Appellant: FJ
Respondent: Agrárminiszter
Operative part of the judgment
Article 58 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 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, as amended by Commission Implementing Regulation (EU) No 1368/2011 of 21 December 2011,
must be interpreted as meaning that the concept of ‘finding’, within the meaning of that provision, refers, where the farmer has been the subject of an on-the-spot check, to the control report established following that check, which found irregularities in the aid application concerned.
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ELI: http://data.europa.eu/eli/C/2024/3428/oj
ISSN 1977-091X (electronic edition)
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