# C_2015007EN.01000801.xml

| 12.1.2015 | EN | Official Journal of the European Union | C 7/8 |
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12.1.2015

EN

Official Journal of the European Union

C 7/8

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Judgment of the Court (First Chamber) of 6 November 2014 (request for a preliminary ruling from the Scottish Land Court — United Kingdom) — Robin John Feakins v The Scottish Ministers

(Case C-335/13) (1)

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((Reference for a preliminary ruling - Common agricultural policy - Single payment scheme - Commission Regulation (EC) No 795/2004 - Article 18(2) - National reserve - Exceptional circumstances - Principle of equal treatment))

(2015/C 007/10)

Language of the case: English

Referring court

Referring court

Scottish Land Court

Parties to the main proceedings

Parties to the main proceedings

Applicant: Robin John Feakins

Applicant:

Defendant: The Scottish Ministers

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1) | Article 18(2) of Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Commission Regulation (EC) No 1974/2004 of 29 October 2004, must be interpreted as applying, first, in the case where a farmer meets the conditions for the application of any two or more of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004, and, second, in the case where a farmer who meets the conditions for the application of at least one of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004, also meets the conditions for the application of at least one of Articles 37(2), 40, 42(3) and 42(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. |
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1)

Article 18(2) of Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Commission Regulation (EC) No 1974/2004 of 29 October 2004, must be interpreted as applying, first, in the case where a farmer meets the conditions for the application of any two or more of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004, and, second, in the case where a farmer who meets the conditions for the application of at least one of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004, also meets the conditions for the application of at least one of Articles 37(2), 40, 42(3) and 42(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.

| 2) | Article 18(2) of Regulation No 795/2004, as amended by Regulation No 1974/2004, is invalid in so far as it precludes a farmer who has suffered exceptional circumstances, within the meaning of Article 40 of Regulation No 1782/2003, from benefiting from both an adjustment of his reference amount under that provision and an additional reference amount from the national reserve under one of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004, whereas a farmer who has not faced such circumstances and who has been allocated a reference amount calculated pursuant to Article 37(1) of Regulation No 1782/2003 may receive both that amount and a reference amount from the national reserve under one of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004. |
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2)

Article 18(2) of Regulation No 795/2004, as amended by Regulation No 1974/2004, is invalid in so far as it precludes a farmer who has suffered exceptional circumstances, within the meaning of Article 40 of Regulation No 1782/2003, from benefiting from both an adjustment of his reference amount under that provision and an additional reference amount from the national reserve under one of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004, whereas a farmer who has not faced such circumstances and who has been allocated a reference amount calculated pursuant to Article 37(1) of Regulation No 1782/2003 may receive both that amount and a reference amount from the national reserve under one of Articles 19 to 23a of Regulation No 795/2004, as amended by Regulation No 1974/2004.

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(1)  OJ C 260, 7.9.2013.

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