# C_2013141EN.01000702.xml

| 18.5.2013 | EN | Official Journal of the European Union | C 141/7 |
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18.5.2013

EN

Official Journal of the European Union

C 141/7

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Judgment of the Court (Fourth Chamber) of 14 March 2013 (request for a preliminary ruling from the Verwaltungsgericht Frankfurt (Oder) — Germany) — Agrargenossenschaft Neuzelle eG v Landrat des Landkreises Oder-Spree

(Case C-545/11) (1)

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(Common agricultural policy - Regulation (EC) No 73/2009 - Article 7(1) and (2) - Modulation of direct payments granted to farmers - Further reduction in the amount of direct payments - Validity - Principle of the protection of legitimate expectations - Principle of non-discrimination)

2013/C 141/11

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Frankfurt (Oder)

Parties to the main proceedings

Parties to the main proceedings

Applicant: Agrargenossenschaft Neuzelle eG

Applicant:

Defendant: Landrat des Landkreises Oder-Spree

Defendant:

Re:

Re:

Request for a preliminary ruling — Verwaltungsgericht Frankfurt (Oder) — Validity of Article 7(1) and (2) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007, and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16) — Greater reduction of the amount of direct payments for the years 2009 to 2012 than that provided for in Regulation (EC) No 1782/2003 — Principle of legitimate expectations

Operative part of the judgment

Operative part of the judgment

| 1. | Consideration of the first question has not disclosed any factor of such a kind as to affect the validity of Article 7(1) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 in the light of the principle of protection of legitimate expectations. |
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1.

Consideration of the first question has not disclosed any factor of such a kind as to affect the validity of Article 7(1) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 in the light of the principle of protection of legitimate expectations.

| 2. | Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 7(2) of Regulation No 73/2009 in the light of the principle of non-discrimination. |
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2.

Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 7(2) of Regulation No 73/2009 in the light of the principle of non-discrimination.

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(1)  OJ C 25, 28.1.2012.

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