# C_2021401EN.01000401.xml

| 4.10.2021 | EN | Official Journal of the European Union | C 401/4 |
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4.10.2021

EN

Official Journal of the European Union

C 401/4

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Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 2 July 2021 — DELID EOOD v Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’

(Case C-409/21)

(2021/C 401/04)

Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Appellant in cassation: DELID EOOD

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

Questions referred

| 1. | Is it consistent with Article 17 of Regulation No 1305/2013 (1) for a national provision such as Article 26 of the Naredba No 9/2015, which establishes an eligibility condition for applicants for financial aid under Submeasure 4.1 ‘Investments in agricultural holdings’ of the measure ‘Investments in physical assets’ of the Rural Development Programme for the period 2014 — 2020, to require that a certificate of registration of a livestock facility in the name of the applicant must be submitted as proof of the exercise of a livestock activity carried out prior to the application for financing in a holding set up by the applicant within the meaning of Article 4 of Regulation No 1307/2013, (2) or is it sufficient for the purposes of the regulation for the farmer to prove that he or she is in the process of obtaining the required registration of a livestock facility in his or her name? |
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1.

Is it consistent with Article 17 of Regulation No 1305/2013 (1) for a national provision such as Article 26 of the Naredba No 9/2015, which establishes an eligibility condition for applicants for financial aid under Submeasure 4.1 ‘Investments in agricultural holdings’ of the measure ‘Investments in physical assets’ of the Rural Development Programme for the period 2014 — 2020, to require that a certificate of registration of a livestock facility in the name of the applicant must be submitted as proof of the exercise of a livestock activity carried out prior to the application for financing in a holding set up by the applicant within the meaning of Article 4 of Regulation No 1307/2013, (2) or is it sufficient for the purposes of the regulation for the farmer to prove that he or she is in the process of obtaining the required registration of a livestock facility in his or her name?

| 2. | Is a condition in a national provision such as Article 8(1)(2) of Naredba (Ordinance) No 9 of 21 March 2015 concerning the application of Submeasure 4.1 ‘Investments in agricultural holdings’ of Measure 4 ‘Investments in physical assets’ of the Rural Development Programme for the period 2014 — 2020, according to which applicants must provide evidence of a minimum standard output for the agricultural holding concerned that may not be less than the equivalent in leva (BGN) of EUR 8 000 at the time of the application for aid, to be regarded as compatible with the objective of the support under the measure ‘Investments in physical assets’ pursuant to Article 17 of Regulation No 1305/201[3], with the European Union’s rural development priorities under Article 5 of Regulation No 1305/2013 and with the concept of standard output of a holding within the meaning of the repealed Commission Regulation No 1242/2008 (3) of 8 December 2008 establishing a Community typology for agricultural holdings? |
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2.

Is a condition in a national provision such as Article 8(1)(2) of Naredba (Ordinance) No 9 of 21 March 2015 concerning the application of Submeasure 4.1 ‘Investments in agricultural holdings’ of Measure 4 ‘Investments in physical assets’ of the Rural Development Programme for the period 2014 — 2020, according to which applicants must provide evidence of a minimum standard output for the agricultural holding concerned that may not be less than the equivalent in leva (BGN) of EUR 8 000 at the time of the application for aid, to be regarded as compatible with the objective of the support under the measure ‘Investments in physical assets’ pursuant to Article 17 of Regulation No 1305/201[3], with the European Union’s rural development priorities under Article 5 of Regulation No 1305/2013 and with the concept of standard output of a holding within the meaning of the repealed Commission Regulation No 1242/2008 (3) of 8 December 2008 establishing a Community typology for agricultural holdings?

| 3. | If the second question is answered in the affirmative, is it to be assumed that farmers that are newly registered at the time of the application for aid under the ‘Investments in physical assets’ measure are to be excluded from financial support under Regulation No 1306/2013? (4) |
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3.

If the second question is answered in the affirmative, is it to be assumed that farmers that are newly registered at the time of the application for aid under the ‘Investments in physical assets’ measure are to be excluded from financial support under Regulation No 1306/2013? (4)

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(1)  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 (OJ 2013 L 347, p. 487).

(2)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608).

(3)  Commission Regulation (EC) No 1242/2008 of 8 December 2008 establishing a Community typology for agricultural holdings (OJ 2008 L 335, p. 3).

(4)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ 2013 L 347, p. 549).

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