# C_2020262EN.01001901.xml

| 10.8.2020 | EN | Official Journal of the European Union | C 262/19 |
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10.8.2020

EN

Official Journal of the European Union

C 262/19

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Request for a preliminary ruling from the Augstākā tiesa (Senāts) (Latvia) lodged on 5 June 2020 — SIA ‘Sātiņi-S’ v Dabas aizsardzības pārvalde

(Case C-238/20)

(2020/C 262/25)

Language of the case: Latvian

Referring court

Augstākā tiesa (Senāts)

Parties to the main proceedings

Applicant: SIA ‘Sātiņi-S’

Defendant: Dabas aizsardzības pārvalde

Questions referred

| 1. | Does the right to fair compensation for limits on the right to property that is guaranteed by Article 17 of the Charter of Fundamental Rights of the European Union allow the compensation awarded by a State for the losses caused to aquaculture in a Natura 2000 network area by protected birds, in accordance with Directive 2009/147/EC of the European Parliament and of the Council (1) of 30 November 2009 on the conservation of wild birds, to be significantly less than the losses actually suffered? |
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1.

Does the right to fair compensation for limits on the right to property that is guaranteed by Article 17 of the Charter of Fundamental Rights of the European Union allow the compensation awarded by a State for the losses caused to aquaculture in a Natura 2000 network area by protected birds, in accordance with Directive 2009/147/EC of the European Parliament and of the Council (1) of 30 November 2009 on the conservation of wild birds, to be significantly less than the losses actually suffered?

| 2. | Does the compensation awarded by a State for the losses caused to aquaculture in a Natura 2000 network area by protected birds, in accordance with Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, constitute State aid within the meaning of Articles 107 and 108 of the Treaty on the Functioning of the European Union? |
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2.

Does the compensation awarded by a State for the losses caused to aquaculture in a Natura 2000 network area by protected birds, in accordance with Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, constitute State aid within the meaning of Articles 107 and 108 of the Treaty on the Functioning of the European Union?

| 3. | If the answer to the second question is in the affirmative, is the de minimis aid limit of EUR 30 000 laid down in Article 3(2) of Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (2) applicable to compensation such as that at issue in the dispute in the main proceedings? |
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3.

If the answer to the second question is in the affirmative, is the de minimis aid limit of EUR 30 000 laid down in Article 3(2) of Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (2) applicable to compensation such as that at issue in the dispute in the main proceedings?

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(1)  OJ 2010 L 20, p. 7.

(2)  OJ 2014 L 190, p. 45.

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