# C_2009006EN.01001201.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/12 |
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10.1.2009

EN

Official Journal of the European Union

C 6/12

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Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands), lodged on 13 October 2008 — G. Elbertsen v Minister van Landbouw, Natuur en Voedselkwaliteit

(Case C-449/08)

(2009/C 6/19)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Claimant: G. Elbertsen

Claimant:

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Defendant:

Questions referred

| 1. | Should Article 42(4) of Council Regulation (EC) No 1782/2003 of 29 September 2003 (1) be interpreted as permitting a Member State to establish a reference amount of EUR 0 and not to allocate entitlements to payments from the national reserve to a farmer who finds himself in a special situation as described in Article 21 of Commission Regulation (EC) No 795/2004 of 21 April 2004 (2)? |
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1.

Should Article 42(4) of Council Regulation (EC) No 1782/2003 of 29 September 2003 (1) be interpreted as permitting a Member State to establish a reference amount of EUR 0 and not to allocate entitlements to payments from the national reserve to a farmer who finds himself in a special situation as described in Article 21 of Commission Regulation (EC) No 795/2004 of 21 April 2004 (2)?

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| 2. | If the answer to that question is in the affirmative, does Community law preclude the application of a provision such as Article 17(1)(b) of the Regeling GLB-inkomenssteun 2006 (2006 Netherlands Regulations on CAP income support), under which any increase in the amount of additional payments arising as a result of an investment in production capacity or a purchase of land is subject to a deduction of EUR 500 before a reference amount is established as the basis for the allocation of entitlements to payments from the national reserve? |
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2.

If the answer to that question is in the affirmative, does Community law preclude the application of a provision such as Article 17(1)(b) of the Regeling GLB-inkomenssteun 2006 (2006 Netherlands Regulations on CAP income support), under which any increase in the amount of additional payments arising as a result of an investment in production capacity or a purchase of land is subject to a deduction of EUR 500 before a reference amount is established as the basis for the allocation of entitlements to payments from the national reserve?

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(1)  Regulation 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)  Regulation 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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