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Case C-188/11: Judgment of the Court (Seventh Chamber) of 24 May 2012 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — Peter Hehenberger v Republik Österreich (Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) No 1257/1999 and No 817/2004 — Financial support for agri-environmental production methods — Checks — Beneficiary of agricultural aid — Fact of having prevented an on-the-spot check from being carried out — National legislation requiring the repayment of all aid paid over several years — Whether compatible)
ECLI:EU:UNKNOWN:62011CA0188
62011CA0188
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Official Journal of the European Union
C 200/3
(Case C-188/11)(1)
(Agriculture - European Agricultural Guidance and Guarantee Fund - Regulations (EC) No 1257/1999 and No 817/2004 - Financial support for agri-environmental production methods - Checks - Beneficiary of agricultural aid - Fact of having prevented an on-the-spot check from being carried out - National legislation requiring the repayment of all aid paid over several years - Whether compatible)
2012/C 200/05
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Peter Hehenberger
Defendant: Republik Österreich
Re:
Reference for a preliminary ruling — Landesgericht für Zivilrechtssachen Wien — Interpretation of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ 1999 L 160, p. 80) and of Commission Regulation (EC) No 817/2004 of 29 April 2004 laying down detailed rules for the application of said Regulation (EC) No 1257/1999 (OJ 2004 L 153, p. 30) — Checks and penalties — Legislation of a Member State requiring, in the event that a recipient of agricultural support prevents a check, repayment of all support received over a period of 5 years — Proportionality
Operative part of the judgment
Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, read in conjunction with Commission Regulation (EC) No 817/2004 of 29 April 2004 laying down detailed rules for the application of Regulation No 1257/1999, does not preclude national rules which provide that, where a farmer who is the beneficiary of financial support prevents an on-the-spot check of the land concerned, all the support already granted during the commitment period to that farmer in relation to an agri-environmental measure must be repaid, even where it has already been paid in respect of a number of years.
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Language of the case: German.