# C_2004273EN.01000302.xml

| 6.11.2004 | EN | Official Journal of the European Union | C 273/3 |
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6.11.2004

EN

Official Journal of the European Union

C 273/3

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 16 September 2004

in Case C-366/02 (reference for a preliminary ruling from the Verwaltungsgericht Halle): Gerd Gschoßmann v Amt für Landwirtschaft und Flurneuordnung Süd (1)

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(Common agricultural policy - Regulation (EEC) No 1765/92 and (EC) No 1251/1999 - Support system for producers of arable crops - Compensatory payments for areas down to arable crops and subject to set-aside - Exclusion for land under permanent crops - Definition)

(2004/C 273/05)

Language of the case: German

In Case C-366/02: reference for a preliminary ruling under Article 234 EC from the Verwaltungsgericht Halle (Germany), made by decision of 30 September 2002, received at the Court on 14 October 2002, in the proceedings between Gerd Gschoßmann and Amt für Landwirtschaft und Flurneuordnung Süd — the Court (Third Chamber), composed of: A. Rosas, acting for the President of the Third Chamber, R. Schintgen (Rapporteur) and N. Colneric, Judges; P. Léger, Advocate General; R. Grass, Registrar, has given a judgment on 16 September 2004, in which it has ruled:

| 1. | Article 9 of Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops and Article 7 of Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops must be interpreted as meaning that, for land under permanent crops to be excluded from compensatory payments, there is no requirement that the land has been cultivated, and in particular that insecticides have been used or crops harvested. |
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1.

Article 9 of Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops and Article 7 of Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops must be interpreted as meaning that, for land under permanent crops to be excluded from compensatory payments, there is no requirement that the land has been cultivated, and in particular that insecticides have been used or crops harvested.

| 2. | Article 9 of Regulation No 1765/92 and Article 7 of Regulation No 1251/1999 must be interpreted as meaning that the land ceases to be under permanent crops, in the case of apple production, once the apple trees have been felled, even if they have not been removed. However, the mere decision to fell the trees, without that decision being put into practice, does not mean that the land ceases to be under permanent crops. |
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2.

Article 9 of Regulation No 1765/92 and Article 7 of Regulation No 1251/1999 must be interpreted as meaning that the land ceases to be under permanent crops, in the case of apple production, once the apple trees have been felled, even if they have not been removed. However, the mere decision to fell the trees, without that decision being put into practice, does not mean that the land ceases to be under permanent crops.

| 3. | Article 9 of Regulation No 1765/92 and Article 7 of Regulation No 1251/1999 must be interpreted as meaning that land which has ceased to be under permanent crops must be regarded as being used for non-agricultural purposes if is shown that it is not intended for the production of other plants or animals. |
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3.

Article 9 of Regulation No 1765/92 and Article 7 of Regulation No 1251/1999 must be interpreted as meaning that land which has ceased to be under permanent crops must be regarded as being used for non-agricultural purposes if is shown that it is not intended for the production of other plants or animals.

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(1)  OJ C 305 of 7.12.2002.

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