Official Journal of the European Union

C series

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C/2024/7143

(Case C-239/23,

Karl und Georg Anwander Güterverwaltung)

(Reference for a preliminary ruling - Common agricultural policy (CAP) - Funding by the European Agricultural Fund for Rural Development (EAFRD) - Regulation (EU) No 1305/2013 - Articles 31 and 32 - Payments for areas facing natural or other specific constraints - Mountain areas - Compensatory allowance - National administrative provisions excluding payment of that allowance for eligible areas situated in a region, of the same Member State, other than the region where the place of business of the agricultural holding is located - Provisions using the place of business of the agricultural holding as a condition for the grant of that compensatory allowance)

(C/2024/7143)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Karl und Georg Anwander GbR Güterverwaltung

Defendant: Land Baden-Württemberg

Operative part of the judgment

1.Point (b) of the second subparagraph of Article 2(1), the first subparagraph of Article 31(1), Article 31(2), Article 32(1)(a), the first subparagraph of Article 32(2) and the second and third subparagraphs of Article 32(3) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, as amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017, must be interpreted as not precluding legislation or an administrative practice of a Member State and/or a region of a Member State which exclude the grant of a compensatory allowance to farmers situated in mountain areas and other areas facing natural or other specific constraints on the ground that the areas eligible for that allowance are situated outside the territory of the region of the Member State whose rural development programme provides for that allowance. However, the abovementioned provisions preclude the place of business of the farmer who operates the area in question from being used as a criterion for the grant of that allowance.

2.The first subparagraph of Article 31(1) and Article 31(2) of Regulation No 1305/2013, as amended by Regulation 2017/2393, must be interpreted as meaning that it follows directly from those provisions, under EU law, that there is a right to payment of a compensatory allowance to farmers situated in mountain areas and other areas facing natural or other specific constraints, where a Member State or a region of a Member State makes provision, in its rural development programme, for the grant of such allowances for those types of area.

3.Point (b) of the second subparagraph of Article 2(1) and Article 31(1) of Regulation No 1305/2013, as amended by Regulation 2017/2393, must be interpreted as meaning that the right to payment of a compensatory allowance to farmers situated in mountain areas and other areas facing natural or other specific constraints can be invoked against the Member State or the region of the Member State concerned, where that Member State or that region, independently of that Member State, has decided to grant compensatory allowances for the areas situated on its territory which are eligible for those allowances.

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Language of the case: German

(1) OJ C 252, 17.7.2023.

ELI: http://data.europa.eu/eli/C/2024/7143/oj

ISSN 1977-091X (electronic edition)

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