Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands) lodged on 4 March 2013 — P.J. Vonk Noordegraaf v Staatssecretaris van Economische Zaken

(Case C-105/13)

2013/C 147/20

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Appellant: P.J. Vonk Noordegraaf

Respondent: Staatssecretaris van Economische Zaken

Question referred

Can it be said to constitute a correct application of Regulation (EC) No 73/2009, (1) with particular reference to Articles 34, 36 and 137, if a farmer with payment entitlements acquired on the basis of non-area-related production, allocated to the area in his possession, does not have a significant proportion of those entitlements paid out to him despite the fact that he declared the eligible area of the hectares which remained unchanged in his possession in good faith in accordance with the measuring method used by the Member State at the time of the activation of the payment entitlements under Article 34 of Regulation (EC) No 73/2009, but subsequently rejected by the Commission, for the sole reason that the eligible area determined for purposes of the payment turns out to be smaller as the result of a changed measuring method?

(1)  Council Regulation 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, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).