# C_2013156EN.01001701.xml

| 1.6.2013 | EN | Official Journal of the European Union | C 156/17 |
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1.6.2013

EN

Official Journal of the European Union

C 156/17

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Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 21 January 2013 — Dél-Zempléni Nektár Leader Nonprofit kft. v Vidékfejlesztési Miniszter

(Case C-24/13)

2013/C 156/27

Language of the case: Hungarian

Referring court

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Parties to the main proceedings

Applicant: Dél-Zempléni Nektár Leader Nonprofit kft.

Applicant:

Defendant: Vidékfejlesztési Miniszter

Defendant:

Questions referred

Questions referred

| 1. | Can Council Regulation (EC) No 1698/2005 (1) and Commission Regulation No 1974/2006 (2) be interpreted as meaning that local action groups set up in the context of agricultural aid can operate only in a form of organisation determined by law in a given Member State? |
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1.

Can Council Regulation (EC) No 1698/2005 (1) and Commission Regulation No 1974/2006 (2) be interpreted as meaning that local action groups set up in the context of agricultural aid can operate only in a form of organisation determined by law in a given Member State?

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| 2. | Can a distinction be made on the basis of the above regulations in such a way that the legislature of the Member State gives recognition only to local action groups constituted as certain legal forms of organisation, laying down conditions which are different from or stricter than those in Article 62[1] of Regulation No 1698/2005? |
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2.

Can a distinction be made on the basis of the above regulations in such a way that the legislature of the Member State gives recognition only to local action groups constituted as certain legal forms of organisation, laying down conditions which are different from or stricter than those in Article 62[1] of Regulation No 1698/2005?

| 3. | Is it sufficient under the above regulations if local action groups in a Member State fulfil only the requirements laid down in Article 62[1] of Regulation No 1698/2005? May the Member State restrict that provision by imposing other formal or legal obligations on the bodies which meet the requirements laid down in Article 62[1] of Regulation No 1698/2005? |
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3.

Is it sufficient under the above regulations if local action groups in a Member State fulfil only the requirements laid down in Article 62[1] of Regulation No 1698/2005? May the Member State restrict that provision by imposing other formal or legal obligations on the bodies which meet the requirements laid down in Article 62[1] of Regulation No 1698/2005?

| 4. | Can the above regulations be interpreted as meaning that the decision to abolish local action groups which meet the requirements imposed by Article 62(1) of Regulation No 1698/2005 and which complied with all the relevant national and Community legislation throughout the time they were operating falls within the margin of discretion of a Member State and as permitting only the operation of local action groups which have a new legal form? |
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4.

Can the above regulations be interpreted as meaning that the decision to abolish local action groups which meet the requirements imposed by Article 62(1) of Regulation No 1698/2005 and which complied with all the relevant national and Community legislation throughout the time they were operating falls within the margin of discretion of a Member State and as permitting only the operation of local action groups which have a new legal form?

| 5. | Can the above regulations be interpreted as meaning that, as regards aid programmes which are already under way or during the programming period, a Member State may itself also alter the legal framework for the operation of local action groups? |
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5.

Can the above regulations be interpreted as meaning that, as regards aid programmes which are already under way or during the programming period, a Member State may itself also alter the legal framework for the operation of local action groups?

| 6. | How must the above regulations be interpreted in the event that local action groups which have hitherto conducted their activities efficiently and legally are abolished? What happens in such a case to the obligations undertaken and the rights acquired by local action groups, having particular regard to the whole group of bodies affected by the abolition? |
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6.

How must the above regulations be interpreted in the event that local action groups which have hitherto conducted their activities efficiently and legally are abolished? What happens in such a case to the obligations undertaken and the rights acquired by local action groups, having particular regard to the whole group of bodies affected by the abolition?

| 7. | Can Article 62(2) of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) be interpreted as meaning that a provision is acceptable and complies with the law if, under it, a Member State requires Leader local action groups which take the form of non-profit companies to convert into associations within a year on the ground that only the association as a legal form of company organisation can properly guarantee the creation of a network between local members, given that, under the applicable Hungarian law, the fundamental aim of a company is the obtaining of profits and the involvement of economic interests prevents the attraction of the public and the recruitment of new members? |
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7.

Can Article 62(2) of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) be interpreted as meaning that a provision is acceptable and complies with the law if, under it, a Member State requires Leader local action groups which take the form of non-profit companies to convert into associations within a year on the ground that only the association as a legal form of company organisation can properly guarantee the creation of a network between local members, given that, under the applicable Hungarian law, the fundamental aim of a company is the obtaining of profits and the involvement of economic interests prevents the attraction of the public and the recruitment of new members?

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(1)  Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ 2005 L 277, p. 1).

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(2)  Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ 2006 L 368, p. 15).

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