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Case C-153/09: Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 4 May 2009 — Agrargut Bäbelin GmbH & Co KG v Amt für Landwirtschaft Bützow

ECLI:EU:UNKNOWN:62009CN0153

62009CN0153

January 1, 2009
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Official Journal of the European Union

C 180/25

(Case C-153/09)

2009/C 180/42

Language of the case: German

Referring court

Parties to the main proceedings

Claimant: Agrargut Bäbelin GmbH & Co KG

Defendant: Amt für Landwirtschaft Bützow

Questions referred

1.Is a farmer prevented from activating payment entitlements based on permanent pasture before activating all payment entitlements based on set-aside, even if he does not hold any other (arable) areas eligible for set-aside?

2.If the first question should be answered in the affirmative: Do the sanctions under Article 51 of Regulation (EC) No 796/2004 also apply to a farmer who before 29 December 2006 (in the absence of areas eligible for set-aside) infringes the obligation first to activate completely payment entitlements based on set-aside?

(1) OJ 2004 L 141, p. 18.

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