# C_2013344EN.01003201.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/32 |
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23.11.2013

EN

Official Journal of the European Union

C 344/32

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Judgment of the Court (First Chamber) of 3 October 2013 (request for a preliminary ruling from the Conseil d’État — France) — Confédération paysanne v Ministre de l’Alimentation, de l’Agriculture et de la Pêche

(Case C-298/12) (1)

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(Agriculture - Common agricultural policy - Single payment scheme - Regulation (EC) No 1782/2003 - Calculation of payment entitlement - Setting the reference amount - Reference period - Article 40(1), (2) and (5) - Exceptional circumstances - Farmers under agri-environmental commitments according to Regulation (EEC) No 2078/92 and Regulation (EC) No 1257/1999 - Determination of the right to revalorisation of the reference amount - Principle of protection of legitimate expectations - Equal treatment between farmers)

2013/C 344/54

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicant: Confédération paysanne

Applicant:

Defendant: Ministre de l’Alimentation, de l’Agriculture et de la Pêche

Defendant:

Re:

Re:

Request for a preliminary ruling — Conseil d’État (France) — Interpretation of Article 40(1), (2) and (5) 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 and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2003 L 270, p. 1) — Income support for farmers — Single payment scheme — Determination of reference amount — Reference period — Effect of agri-environmental commitments — Calculation of the right to revalorisation based, not on reduction of production, but on the amount of aid received during a reference period — Final date for taking agri-environmental commitments into account — Equality of treatment as between farmers

Operative part of the judgment

Operative part of the judgment

| 1. | The first subparagraph of Article 40(5) 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 and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, as amended by Council Regulation (EC) No 1009/2008 of 9 October 2008, must be interpreted as meaning that a farmer, by the mere fact of having been subject, during the reference period, to agri-environmental commitments pursuant to Regulations (EEC) No 2078/92 of the Council of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and (EC) No 1257/1999 of the Council of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended by Council Regulation (EC) No 2223/2004 of 22 December 2004, is entitled to request that his reference amount be calculated on the basis of the calendar year or years in the reference period which were not affected by those commitments.; |
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1.

The first subparagraph of Article 40(5) 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 and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, as amended by Council Regulation (EC) No 1009/2008 of 9 October 2008, must be interpreted as meaning that a farmer, by the mere fact of having been subject, during the reference period, to agri-environmental commitments pursuant to Regulations (EEC) No 2078/92 of the Council of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and (EC) No 1257/1999 of the Council of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended by Council Regulation (EC) No 2223/2004 of 22 December 2004, is entitled to request that his reference amount be calculated on the basis of the calendar year or years in the reference period which were not affected by those commitments.;

| 2. | The second subparagraph of Article 40(5) of Regulation No 1782/2003, as amended by Regulation No 1009/2008, must be interpreted as meaning that a farmer, by the mere fact of having been subject, during the period 1997-2002, to agri-environmental commitments pursuant to Regulation No 2078/92 and Regulation No 1257/1999, as amended by Regulation No 2223/2004, is entitled to request that his reference amount be calculated on the basis of objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, which it is for the referring court to determine. |
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2.

The second subparagraph of Article 40(5) of Regulation No 1782/2003, as amended by Regulation No 1009/2008, must be interpreted as meaning that a farmer, by the mere fact of having been subject, during the period 1997-2002, to agri-environmental commitments pursuant to Regulation No 2078/92 and Regulation No 1257/1999, as amended by Regulation No 2223/2004, is entitled to request that his reference amount be calculated on the basis of objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, which it is for the referring court to determine.

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(1)  OJ C 273, 8.9.2012.

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