Request for a preliminary ruling from the Curtea de Apel Constanța (Romania) lodged on 29 May 2020 — Euro Delta Danube SRL v Agenția de Plăți și Intervenție pentru Agricultură — Centrul Județean Tulcea

(Case C-225/20)

Language of the case: Romanian

Referring court

Curtea de Apel Constanța

Parties to the main proceedings

Applicant: Euro Delta Danube SRL

Defendant: Agenția de Plăți și Intervenție pentru Agricultură — Centrul Județean Tulcea

Question referred

Are the provisions of Article 2(23) and of Article 19 of Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council ¹ with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance to be interpreted as precluding national legislation that, in circumstances such as those in the main proceedings, imposes administrative penalties on the farmer for over-declaration on the ground that he does not meet the eligibility criteria for the area considered over-declared, inasmuch as he cultivates an area of land with aquaculture facilities, held under a concession agreement, without providing evidence of the grantor’s consent that the land be used for agricultural purposes?

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¹ Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ 2014 L 181, p. 48).