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Case C-36/21: Judgment of the Court (Third Chamber) of 14 July 2022 (request for a preliminary ruling from the College van Beroep voor het bedrijfsleven — Netherlands) — Sense Visuele Communicatie en Handel vof (also trading under the name De Scharrelderij) v Minister van Landbouw, Natuur en Voedselkwaliteit (Reference for a preliminary ruling — Common agricultural policy — Regulation (EU) No 1307/2013 — Direct support schemes — Common rules — Article 30(6) and Article 50(2) — Application for payment entitlements from the national reserve for young farmers — National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ — Principle of the protection of legitimate expectations — Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations)
ECLI:EU:UNKNOWN:62021CA0036
62021CA0036
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Official Journal of the European Union
C 340/12
(Case C-36/21) (*)
(Reference for a preliminary ruling - Common agricultural policy - Regulation (EU) No 1307/2013 - Direct support schemes - Common rules - Article 30(6) and Article 50(2) - Application for payment entitlements from the national reserve for young farmers - National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ - Principle of the protection of legitimate expectations - Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations)
(2022/C 340/12)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Sense Visuele Communicatie en Handel vof (also trading under the name De Scharrelderij)
Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit
Operative part of the judgment
EU law and, in particular, the principle of the protection of legitimate expectations must be interpreted as not precluding an injured party from obtaining, by virtue of the principle of the protection of legitimate expectations recognised by national law and solely on the basis of that law, compensation for loss or harm resulting from a misinterpretation by a national authority of an unambiguous provision of EU law, provided that that compensation is not equivalent to the grant of an advantage contrary to EU law, that it is not borne by the EU budget and that it is not such as to give rise to distortions of competition between Member States.
(*) Language of the case: Dutch.