Judgment_paragraph 67 · X v Agrárminiszter (C-6/23)

67The legal consequences of non-compliance differ depending on whether it concerns an ‘eligibility criterion’ or a ‘commitment’. It follows from paragraphs 1 to 3 of Article 35 of Delegated Regulation No 640/2014, provisions which clarify Article 63(1) of Regulation No 1306/2013, that, where an ‘eligibility criterion’ is not complied with, the support is to be refused or withdrawn in full, whereas, in the case of a ‘commitment’, the support, if it has not yet been paid, is not to be paid or is to be withdrawn in full or in part, taking account of the severity, extent, duration and reoccurrence of the non-compliance.