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Case C-152/09: Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 4 May 2009 — André Grootes v Amt für Landwirtschaft Parchim
ECLI:EU:UNKNOWN:62009CN0152
62009CN0152
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Valentina R., lawyer
18.7.2009
Official Journal of the European Union
C 167/4
(Case C-152/09)
2009/C 167/06
Language of the case: German
Referring court
Parties to the main proceedings
Claimant: André Grootes
Defendant: Amt für Landwirtschaft Parchim
Questions referred
1.Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 (1) be recognised in relation to an area-based amount even where an agri-environmental measure ongoing on 15 May 2003 constitutes just retention of (permanent) use as pastureland, but it is connected seamlessly in time (or at any rate ‘promptly’) with a measure under which conversion from arable land to permanent pastureland has taken place?
2.If the first question should be answered in the affirmative: Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 be recognised in relation to an area-based amount only where there has been a change of use of the area from arable land to pastureland on the basis of (and precisely because of) participation in an agri-environmental measure as referred to in the aforementioned provision?
3.Is recognition of hardship under Article 40(5) of Regulation (EC) No 1782/2003 contingent on the farmer making the application being the person who made the change of use, or can a farmer who later ‘joins in on’ the agri-environmental measure also successfully claim hardship under that provision?
(1) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270, 21.10.2003, p. 1).