# C_2018352EN.01000801.xml

| 1.10.2018 | EN | Official Journal of the European Union | C 352/8 |
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1.10.2018

EN

Official Journal of the European Union

C 352/8

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Judgment of the Court (Eighth Chamber) of 7 August 2018 (request for a preliminary ruling from the Satversmes tiesa — Latvia) — Administratīvā rajona tiesa v Ministru kabinets

(Case C-120/17) (1)

((Reference for a preliminary ruling - Agriculture - Support for rural development - Regulation (EC) No 1257/1999 - Articles 10 to 12 - Early retirement support - National legislation providing for the transfer by inheritance of early retirement support - Legislation approved by the European Commission - Subsequent change of position - Protection of legitimate expectations))

(2018/C 352/10)

Language of the case: Latvian

Referring court

Satversmes tiesa

Parties to the main proceedings

Applicant: Administratīvā rajona tiesa

Defendant: Ministru kabinets

Operative part of the judgment

| 1. | Articles 10 to 12 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations must be interpreted as precluding Member States, when implementing those articles, from adopting measures making it possible to transfer by inheritance support for early retirement such as that at issue in the main proceedings. |
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1.

Articles 10 to 12 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations must be interpreted as precluding Member States, when implementing those articles, from adopting measures making it possible to transfer by inheritance support for early retirement such as that at issue in the main proceedings.

| 2. | The principle of the protection of legitimate expectations must be interpreted as meaning that a provision of national law, such as that at issue in the main proceedings –– which provided for the transfer by inheritance of early retirement support and was approved by the European Commission as compatible with Regulation No 1257/1999 –– gave rise to a legitimate expectation on the part of the heirs of farmers who received that support, and that a conclusion such as that mentioned in the minutes of the meeting of the European Commission Committee on Rural Development of 19 October 2011, to the effect that such support may not be passed on by inheritance, did not bring that legitimate expectation to an end. |
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2.

The principle of the protection of legitimate expectations must be interpreted as meaning that a provision of national law, such as that at issue in the main proceedings –– which provided for the transfer by inheritance of early retirement support and was approved by the European Commission as compatible with Regulation No 1257/1999 –– gave rise to a legitimate expectation on the part of the heirs of farmers who received that support, and that a conclusion such as that mentioned in the minutes of the meeting of the European Commission Committee on Rural Development of 19 October 2011, to the effect that such support may not be passed on by inheritance, did not bring that legitimate expectation to an end.

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(1)  OJ C 168, 29.5.2017.

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