# C_2019025EN.01001401.xml

| 21.1.2019 | EN | Official Journal of the European Union | C 25/14 |
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21.1.2019

EN

Official Journal of the European Union

C 25/14

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Request for a preliminary ruling from the Budapest Környéki Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 26 July 2018 — SD v Agrárminiszter

(Case C-490/18)

(2019/C 25/17)

Language of the case: Hungarian

Referring court

Budapest Környéki Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: SD

Defendant: Agrárminiszter

Questions referred

| 1. | Must the ‘reliable method’ referred to in Article 2 of Delegated Regulation (EU) 2015/1366, (1), used to determine, between 1 September and 31 December each year, [the number of] beehives, be interpreted as meaning that it is the applicant for aid who must notify the number of bee colonies and, if so, is this a reliable method? |
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1.

Must the ‘reliable method’ referred to in Article 2 of Delegated Regulation (EU) 2015/1366, (1), used to determine, between 1 September and 31 December each year, [the number of] beehives, be interpreted as meaning that it is the applicant for aid who must notify the number of bee colonies and, if so, is this a reliable method?

| 2. | If, under Article 2 of Delegated Regulation 2015/1366, the number of beehives –– used as the basis for aid to the apiculture sector –– must be determined between 1 September and 31 December each year owing to bees’ biological characteristics, is it possible to interpret that provision as meaning that Member States may depart from this rule? |
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2.

If, under Article 2 of Delegated Regulation 2015/1366, the number of beehives –– used as the basis for aid to the apiculture sector –– must be determined between 1 September and 31 December each year owing to bees’ biological characteristics, is it possible to interpret that provision as meaning that Member States may depart from this rule?

| 3. | If the answer is in the affirmative, may the national legislation stipulate that the number of bee colonies required is to be determined retrospectively, in January? |
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3.

If the answer is in the affirmative, may the national legislation stipulate that the number of bee colonies required is to be determined retrospectively, in January?

| 4. | Can the fact that [EU funds] are to be allocated for the 2017-[2019] apiculture programmes on the basis of the number of beehives notified in 2013 by the Member States in the context of the 2014-2016 apiculture programmes be interpreted as meaning that, after the period that ended on 31 December 2016, which provides the basis for the distribution of aid for 2017, the number of beehives needed in order to be allocated aid may also be determined by a different method? |
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4.

Can the fact that [EU funds] are to be allocated for the 2017-[2019] apiculture programmes on the basis of the number of beehives notified in 2013 by the Member States in the context of the 2014-2016 apiculture programmes be interpreted as meaning that, after the period that ended on 31 December 2016, which provides the basis for the distribution of aid for 2017, the number of beehives needed in order to be allocated aid may also be determined by a different method?

| 5. | Can the aforementioned EU Regulation be interpreted as permitting the adoption of a national rule of law under which a de minimis aid payment is subject to a requirement that is not compatible [with EU law]? Must the aid provided for in EU law also be appropriate, in practice, for promoting beekeeping? |
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5.

Can the aforementioned EU Regulation be interpreted as permitting the adoption of a national rule of law under which a de minimis aid payment is subject to a requirement that is not compatible [with EU law]? Must the aid provided for in EU law also be appropriate, in practice, for promoting beekeeping?

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(1)  Commission Delegated Regulation (EU) 2015/1366 of 11 May 2015 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to aid in the apiculture sector (OJ 2015 L 211, p. 3).

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