# C_2023035EN.01001101.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/11 |
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30.1.2023

EN

Official Journal of the European Union

C 35/11

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Judgment of the Court (Seventh Chamber) of 1 December 2022 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — DELID EOOD v Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’

(Case C-409/21) (1)

(Reference for a preliminary ruling - Common agricultural policy (CAP) - European Agricultural Fund for Rural Development (EAFRD) funding - Regulation (EU) No 1305/2013 - Investment support - National legislation making the grant of the support conditional upon the person applying for support submitting a certificate of registration of a livestock facility in that person’s name and showing that, on the date of submission of the application, the output of that person’s agricultural holding is equivalent to at least EUR 8 000)

(2023/C 35/12)

Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Appellant in cassation: DELID EOOD

Respondent in cassation: Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’

Operative part of the judgment

| 1. | Article 17 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, as amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017,
  must be interpreted as not precluding a piece of national legislation which makes the grant of the support referred to in that provision conditional upon the person applying for support submitting a certificate of registration of a livestock facility in that person’s name. |
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1.

Article 17 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, as amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017,

must be interpreted as not precluding a piece of national legislation which makes the grant of the support referred to in that provision conditional upon the person applying for support submitting a certificate of registration of a livestock facility in that person’s name.

| 2. | Article 17 of Regulation No 1305/2013, as amended by Regulation 2017/2393,
  must be interpreted as not precluding a piece of national legislation which makes the grant of the support referred to in that provision conditional upon the person applying for support showing that, on the date of submission of the application for support, the output of that person’s agricultural holding is equivalent to at least EUR 8 000. |
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2.

Article 17 of Regulation No 1305/2013, as amended by Regulation 2017/2393,

must be interpreted as not precluding a piece of national legislation which makes the grant of the support referred to in that provision conditional upon the person applying for support showing that, on the date of submission of the application for support, the output of that person’s agricultural holding is equivalent to at least EUR 8 000.

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(1)  OJ C 401, 4.10.2021.

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