# C_2009006EN.01001501.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/15 |
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10.1.2009

EN

Official Journal of the European Union

C 6/15

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Reference for a preliminary ruling from the Gerechtshof te Arnhem (Netherlands), lodged on 3 November 2008 — K. van Dijk v Gemeente Kampen

(Case C-470/08)

(2009/C 6/24)

Language of the case: Dutch

Referring court

Gerechtshof te Arnhem

Parties to the main proceedings

Appellant: K. van Dijk

Appellant:

Respondent: Gemeente Kampen

Respondent:

Questions referred

| 1. | Do Regulation No 1782/2003 (1) and Regulation No 795/2004 (2), or the general principles of Community law, in particular the principle of the prohibition of unjustified enrichment, require a lessee, in the absence of national rules in this respect, to deliver the leased land, including the payment entitlements accumulated thereon or relating thereto, to the lessor on the expiry of the lease? |
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1.

Do Regulation No 1782/2003 (1) and Regulation No 795/2004 (2), or the general principles of Community law, in particular the principle of the prohibition of unjustified enrichment, require a lessee, in the absence of national rules in this respect, to deliver the leased land, including the payment entitlements accumulated thereon or relating thereto, to the lessor on the expiry of the lease?

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| 2. | If the answer to Question 1 is in the affirmative: do Regulation No 1782/2003 and Regulation No 795/2004, or the general principles of Community law, in particular the principle of the prohibition of unjustified enrichment, require a lessor, in the absence of national rules in this respect, to pay to the lessee compensation for the payment entitlements transferred to the lessor, and if so, should the lessor compensate the lessee for the full value of those entitlements or for only a proportion of that value, and, if the latter, for what proportion? |
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2.

If the answer to Question 1 is in the affirmative: do Regulation No 1782/2003 and Regulation No 795/2004, or the general principles of Community law, in particular the principle of the prohibition of unjustified enrichment, require a lessor, in the absence of national rules in this respect, to pay to the lessee compensation for the payment entitlements transferred to the lessor, and if so, should the lessor compensate the lessee for the full value of those entitlements or for only a proportion of that value, and, if the latter, for what proportion?

| 3. | If the answer to Question 1 is in the negative: do Regulation No 1782/2003 and Regulation No 795/2004, or the general principles of Community law, in particular the principle of the prohibition of unjustified enrichment, require a lessee, in the absence of national rules in this respect, to pay to the lessor compensation for the payment entitlements retained by the lessee, and if so, should the lessee compensate the lessor for the full value of those entitlements or for only a proportion of that value, and, if the latter, for what proportion? |
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3.

If the answer to Question 1 is in the negative: do Regulation No 1782/2003 and Regulation No 795/2004, or the general principles of Community law, in particular the principle of the prohibition of unjustified enrichment, require a lessee, in the absence of national rules in this respect, to pay to the lessor compensation for the payment entitlements retained by the lessee, and if so, should the lessee compensate the lessor for the full value of those entitlements or for only a proportion of that value, and, if the latter, for what proportion?

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(1)  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) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2003 L 270, p. 1).

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(2)  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 Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ 2004 L 141, p. 1).

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