21.2.2009

Official Journal of the European Union

C 44/25

(Case C-434/08)

(2009/C 44/42)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Arnold and Johann Harms, in their capacity as a partnership under German civil law

Defendant: Freerk Heidinga

Question referred

Is Article 46(2) of 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 to be interpreted as meaning that the following contractual arrangements are incompatible with that provision and hence invalid: contractual arrangements outwardly effecting a complete and definitive transfer of payment entitlements, but stipulating — according to an internal agreement between the parties — that the seller is to remain the beneficial owner of those payment entitlements, whereby the purchaser, in his capacity as the person formally entitled to them, is to activate the payment entitlements through cultivation of the corresponding land and to pass on to the seller the full amount of the single payments made to him, or contractual arrangements pursuant to which land premiums are transferred to the purchaser in such a way that he remains under an ongoing obligation to pay to the seller a part of the single payments (the farm-specific part), at any rate once those payments have been activated and disbursed?

(1) OJ L 270, p. 1.

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Language of the case: German.