Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 1 March 2024 – BX v Statul Român – Ministerul Finanțelor Publice, Curtea de Apel București
(Case C-163/24, Statul Român – Ministerul Finanţelor Publice and Curtea de Apel Bucureşti)
Language of the case: Romanian
Referring court
Curtea de Apel București
Parties to the main proceedings
Appellant-applicant: BX
Respondent-defendant: Statul Român – Ministerul Finanțelor Publice, Curtea de Apel București
Questions referred
Does Article 20(1) of [Council Regulation (EC) No 1782/2003] of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers 1 (in the version applicable prior to its repeal by [Regulation (EC) No 73/2009 2 ]) constitute a provision of EU law conferring specific rights on individuals, where infringement of those rights could give rise to State liability as a result of a decision of a national court of last instance?
Should the concept of ‘factually correct information’ in Article 68(1) [of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Regulation (EC) No 1782/2003], 1 be interpreted as including both the correct declaration of land areas by the farmer and the correct identification of the parcel of land used and its boundaries?
Given the circumstances of the case, does the failure of the national court of last instance to refer the matter to the Court of Justice of the European Union for a ruling on the interpretation of Article 68 of Regulation No 796/2004 constitute a manifest and sufficiently serious breach such as to render the State liable for the damage allegedly caused by that court’s judgment?
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1 OJ 2003 L 270, p. 1, Special edition
03/vol. 49, p. 177.
1 Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (OJ 2009 L 30, p. 16).
1 OJ 2004, L 141, p. 18, Special edition 03/vol. 56, p. 210.