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Case C-105/13: Judgment of the Court (First Chamber) of 5 June 2014 (request for a preliminary ruling from the College van Beroep voor het bedrijfsleven — Netherlands) — P.J. Vonk Noordegraaf v Staatssecretaris van Economische Zaken (Agriculture — Common agricultural policy — Single payment scheme — Regulation (EC) No 73/2009 — Articles 34, 36 and 137 — Payment entitlements — Basis of calculation — Premiums paid in respect of cattle and land held by the farmer during the reference period — Modification of the method for determining the area of agricultural parcels — Reduction in the hectares eligible for aid — Application by the farmer for a reduction in the number and an increase in the unit value of his payment entitlements — Regulation (EC) No 796/2004 — Article 73a(2a) — Lawfulness)
ECLI:EU:UNKNOWN:62013CA0105
62013CA0105
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Official Journal of the European Union
C 253/10
(Case C-105/13) (1)
((Agriculture - Common agricultural policy - Single payment scheme - Regulation (EC) No 73/2009 - Articles 34, 36 and 137 - Payment entitlements - Basis of calculation - Premiums paid in respect of cattle and land held by the farmer during the reference period - Modification of the method for determining the area of agricultural parcels - Reduction in the hectares eligible for aid - Application by the farmer for a reduction in the number and an increase in the unit value of his payment entitlements - Regulation (EC) No 796/2004 - Article 73a(2a) - Lawfulness))
2014/C 253/13
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: P.J. Vonk Noordegraaf
Defendant: Staatssecretaris van Economische Zaken
Re:
Request for a preliminary ruling — College van Beroep voor het Bedrijfsleven — Interpretation of Articles 34, 36 and 137 of 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, 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) — Direct support schemes — Single payment scheme — Farmer who obtained, in 2006, payment entitlements acquired on the basis of his non-area-related production and the areas belonging to him — Method of identifying the areas subsequently amended — Reduction in the hectares eligible for aid
Operative part of the judgment
Article 73a(2a) 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 Council Regulations (EC) No 1782/2003 and (EC) No 73/2009, as well as for the implementation of cross-compliance provided for in Council Regulation (EC) No 479/2008, as amended by Commission Regulation (EC) No 380/2009 of 8 May 2009, must be interpreted as meaning that a farmer’s payment entitlements must be recalculated when, in the initial determination of his payment entitlements, that farmer’s reference amount was divided by too high a number of hectares because of the method for determining the area of agricultural parcels used at that time in the Member State concerned. Article 137 of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes 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 does not apply to a correction under Article 73a(2a) of Regulation No 796/2004.
(1) OJ C 147, 25.5.2013.