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.