# C_2012273EN.01000503.xml

| 8.9.2012 | EN | Official Journal of the European Union | C 273/5 |
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8.9.2012

EN

Official Journal of the European Union

C 273/5

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Reference for a preliminary ruling from the Conseil d’État (France), lodged on 18 June 2012 — Confédération paysanne v Ministre de l’alimentation, de l’agriculture et de la pêche

(Case C-298/12)

2012/C 273/08

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:

Questions referred

Questions referred

| 1. | Do paragraphs 1 and 5 of Article 40 of Council Regulation (EC) No 1782/2003 of 29 September 2003, (1) regard being had to their wording, but also to their purpose, authorise Member States to base the right to revalorisation of the reference amount for farmers whose production has been seriously affected by reason of agri-environmental commitments to which they have been subject, for all or part of the reference period, on a comparison between the amounts of the direct payments received during the years affected by such commitments and those received during years which were not affected by such commitments? |
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1.

Do paragraphs 1 and 5 of Article 40 of Council Regulation (EC) No 1782/2003 of 29 September 2003, (1) regard being had to their wording, but also to their purpose, authorise Member States to base the right to revalorisation of the reference amount for farmers whose production has been seriously affected by reason of agri-environmental commitments to which they have been subject, for all or part of the reference period, on a comparison between the amounts of the direct payments received during the years affected by such commitments and those received during years which were not affected by such commitments?

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| 2. | Do paragraphs 2 and 5 of Article 40 of Council Regulation (EC) No 1782/2003 of 29 September 2003 authorise Member States to base the right to revalorisation of the reference amount for farmers whose production has been seriously affected by reason of agri-environmental commitments to which they have been subject, during the entire reference period, on a comparison between the amount of direct payments received during the last year not affected by an agri-environmental commitment, including cases in which that year is eight years prior to the reference period, and the annual average amount of direct payments received during the reference period? |
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2.

Do paragraphs 2 and 5 of Article 40 of Council Regulation (EC) No 1782/2003 of 29 September 2003 authorise Member States to base the right to revalorisation of the reference amount for farmers whose production has been seriously affected by reason of agri-environmental commitments to which they have been subject, during the entire reference period, on a comparison between the amount of direct payments received during the last year not affected by an agri-environmental commitment, including cases in which that year is eight years prior to the reference period, and the annual average amount of direct payments received during the reference period?

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(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) 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).

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