Preliminary reference · referred by the Sąd Najwyższy (Poland)
Rapporteur
A. Borg Barthet
Advocate General
J. Kokott
Bench
13 judgesV. Skouris, A. Tizzano, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, A. Prechal, A. Rosas, R. Silva de Lapuerta, K. Schiemann, A. Borg Barthet, L. Bay Larsen, M. Berger, E. Jarašiūnas
11Under Article 24 of Regulation No 1782/2003:1. Without prejudice to reductions and exclusions provided for in Article 6 of this Regulation, where it is found that the farmer does not comply with the eligibility conditions relevant to the granting of the aid as provided for in this Regulation or by Article 2a of Regulation (EC) No 1259/1999, the payment or part of the payment granted or to be granted for which the conditions of eligibility have been meet shall be subject to reductions and exclusions to be laid down in accordance with the procedure referred to in Article 144(2) of this Regulation.2. The percentage of reduction shall be graduated according to the severity, extent, permanence and repetition of the non-compliance found and may go as far as total exclusion from one or several aid schemes for one or more calendar years.’