Judgment_paragraph 70 · SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA)

70The Court has already ruled that evidence of an abusive practice on the part of the potential beneficiary of support requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the relevant rules, the purpose of those rules has not been achieved, and, second, a subjective element consisting in the intention to obtain an advantage from the EU rules by creating artificially the conditions laid down for obtaining it (judgment of 12 September 2013, Slancheva sila, C‑434/12, EU:C:2013:546, paragraph 29 and the case-law cited).