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Case C-213/22, Instituto de Financiamento da Agricultura e Pescas (Reforestation measures): Judgment of the Court (Third Chamber) of 23 November 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Instituto de Financiamento da Agricultura e Pescas, IP v CS (Reference for a preliminary ruling — Common agricultural policy — Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) — Community aid scheme for forestry measures in agriculture — Regulation (EEC) No 2080/92 — Article 3, first paragraph, points (b) and (c) — Aid scheme — Maintenance premiums and premiums for loss of income — Conditions for granting — National legislation laying down a requirement of a minimum reforestation density of the plots — Failure to comply with the requirement for a reason not attributable to the beneficiary — Obligation to repay the aid — Force majeure — Principle of proportionality)
ECLI:EU:UNKNOWN:62022CA0213
62022CA0213
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Official Journal of the European Union
Series C
C/2024/607
15.1.2024
(Case C-213/22, (<span class="oj-super oj-note-tag">1</span>) Instituto de Financiamento da Agricultura e Pescas (Reforestation measures))
(Reference for a preliminary ruling - Common agricultural policy - Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) - Community aid scheme for forestry measures in agriculture - Regulation (EEC) No 2080/92 - Article 3, first paragraph, points (b) and (c) - Aid scheme - Maintenance premiums and premiums for loss of income - Conditions for granting - National legislation laying down a requirement of a minimum reforestation density of the plots - Failure to comply with the requirement for a reason not attributable to the beneficiary - Obligation to repay the aid - Force majeure - Principle of proportionality)
(C/2024/607)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Instituto de Financiamento da Agricultura e Pescas, IP
Defendant: CS
Operative part of the judgment
Points (b) and (c) of the first paragraph of Article 3 of Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture and the principle of proportionality
must be interpreted as not precluding the imposition, on the beneficiary of maintenance premiums and premiums for loss of income paid in respect of a multi-annual undertaking to afforest agricultural land entered into by him or her, of an obligation to repay those premiums where a condition for the grant thereof laid down by national legislation, relating to the presence of a minimum reforestation density, is not satisfied during the implementation of that undertaking because of the occurrence of adverse weather conditions.
ELI: http://data.europa.eu/eli/C/2024/607/oj
ISSN 1977-091X (electronic edition)