# C_2021053EN.01000401.xml

| 15.2.2021 | EN | Official Journal of the European Union | C 53/4 |
| --- | --- | --- | --- |

15.2.2021

EN

Official Journal of the European Union

C 53/4

---

Judgment of the Court (Sixth Chamber) of 17 December 2020 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — WQ v Land Berlin

(Case C-216/19) (1)

(Reference for a preliminary ruling - Common agricultural policy - Regulation (EU) No 1307/2013 - Rules for direct payments to farmers under support schemes - Basic payment scheme - First sentence of Article 24(2) - Concept of ‘eligible hectare at the farmer’s disposal’ - Illegal use of the area concerned by a third party - Article 32(2)(b)(ii) - Application for activation of payment entitlements for a wooded area - Meaning of ‘any area which gave a right to payments in 2008’ - Single payment scheme or single area payment scheme)

(2021/C 53/04)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicant: WQ

Defendant: Land Berlin

Operative part of the judgment

| 1. | The first sentence of Article 24(2) of 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 must be interpreted as meaning that, where an aid application is submitted both by the owner of agricultural land and by a third party who is actually using that land without any legal basis, the eligible hectares corresponding to that land are ‘at the disposal’ of the owner of that land alone, within the meaning of that provision. |
| --- | --- |

1.

The first sentence of Article 24(2) of 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 must be interpreted as meaning that, where an aid application is submitted both by the owner of agricultural land and by a third party who is actually using that land without any legal basis, the eligible hectares corresponding to that land are ‘at the disposal’ of the owner of that land alone, within the meaning of that provision.

| 2. | Article 32(2)(b)(ii) of Regulation No 1307/2013, in particular the words ‘any area which gave a right to payments in 2008 under the single payment scheme or the single area payment scheme laid down, respectively, in Titles III and IVA of 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, as amended by Council Regulation (EC) No 479/2008 of 29 April 2008]’, must be interpreted as meaning that, in the context of an application for activation of set-aside entitlements for a wooded area under that provision, the area concerned must have been subject, in 2008, to an application for aid in accordance with Article 22 of Regulation No 1782/2003, as amended by Regulation No 479/2008, followed by an administrative check of eligibility in accordance with Article 23 of that regulation, and, where appropriate, an on-the-spot check under Article 25 of that regulation. All the other conditions required under Titles III and IVA of that regulation for obtaining a direct payment must also have been fulfilled. |
| --- | --- |

2.

Article 32(2)(b)(ii) of Regulation No 1307/2013, in particular the words ‘any area which gave a right to payments in 2008 under the single payment scheme or the single area payment scheme laid down, respectively, in Titles III and IVA of 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, as amended by Council Regulation (EC) No 479/2008 of 29 April 2008]’, must be interpreted as meaning that, in the context of an application for activation of set-aside entitlements for a wooded area under that provision, the area concerned must have been subject, in 2008, to an application for aid in accordance with Article 22 of Regulation No 1782/2003, as amended by Regulation No 479/2008, followed by an administrative check of eligibility in accordance with Article 23 of that regulation, and, where appropriate, an on-the-spot check under Article 25 of that regulation. All the other conditions required under Titles III and IVA of that regulation for obtaining a direct payment must also have been fulfilled.

---

(1)  OJ C 206, 17.6.2019.

---