# C_2011232EN.01000702.xml

| 6.8.2011 | EN | Official Journal of the European Union | C 232/7 |
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6.8.2011

EN

Official Journal of the European Union

C 232/7

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Judgment of the Court (Seventh Chamber) of 16 June 2011 (reference for a preliminary ruling from the Upravno sodišče Republike Slovenije (Slovenia)) — Marija Omejc v Republika Slovenija

(Case C-536/09) (1)

(Common agricultural policy - Community aid schemes - Integrated administration and control system - Regulation (EC) No 796/2004 - Fact of preventing an on-the-spot check from being carried out - Definition - Farmer not living on the holding - Farmer’s representative - Definition)

(2011/C 232/11)

Language of the case: Slovene

Referring court

Upravno sodišče Republike Slovenije

Parties to the main proceedings

Applicant: Marija Omejc

Defendant: Republika Slovenija

Re:

Reference for a preliminary ruling — Upravno sodišče Republike Slovenije — Interpretation of Article 23(2) Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system 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. 18) — Concept of prevention of an on-the-spot check — Concept of the representative of the farmer, when the farmer does not reside on the farm

Operative part of the judgment

| 1. | The expression ‘prevents an on-the-spot check from being carried out’ in Article 23(2) of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council 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, corresponds to an autonomous concept of European Union law that must be given a uniform interpretation in all the Member States, to the effect that it includes, in addition to deliberate conduct, any act or omission ascribable to the negligence of the farmer or his representative which has the consequence of preventing an on-the-spot check from being carried out in full, where the farmer or his representative has not taken all measures which may reasonably be required of him in order to ensure that that check may be carried out in full. |
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1.

The expression ‘prevents an on-the-spot check from being carried out’ in Article 23(2) of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council 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, corresponds to an autonomous concept of European Union law that must be given a uniform interpretation in all the Member States, to the effect that it includes, in addition to deliberate conduct, any act or omission ascribable to the negligence of the farmer or his representative which has the consequence of preventing an on-the-spot check from being carried out in full, where the farmer or his representative has not taken all measures which may reasonably be required of him in order to ensure that that check may be carried out in full.

| 2. | The rejection of the aid applications concerned, under Article 23(2) of Regulation No 796/2004, does not depend on the farmer or his representative being adequately informed of the part of the on-the-spot check that requires his cooperation. |
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2.

The rejection of the aid applications concerned, under Article 23(2) of Regulation No 796/2004, does not depend on the farmer or his representative being adequately informed of the part of the on-the-spot check that requires his cooperation.

| 3. | The concept of ‘representative’, referred to in Article 23(2) of Regulation No 796/2004, which is an autonomous concept of European Union law that must be given a uniform interpretation in all the Member States, must be interpreted as meaning that it includes, when on-the-spot checks are carried out, any adult having proper capacity, who lives on the holding and to whom the farmer entrusts at least part of the management of that agricultural holding, in so far as the farmer has clearly expressed his wish to give that person authority in order to represent him and, therefore, undertakes to assume responsibility for all that person’s acts and omissions. |
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3.

The concept of ‘representative’, referred to in Article 23(2) of Regulation No 796/2004, which is an autonomous concept of European Union law that must be given a uniform interpretation in all the Member States, must be interpreted as meaning that it includes, when on-the-spot checks are carried out, any adult having proper capacity, who lives on the holding and to whom the farmer entrusts at least part of the management of that agricultural holding, in so far as the farmer has clearly expressed his wish to give that person authority in order to represent him and, therefore, undertakes to assume responsibility for all that person’s acts and omissions.

| 4. | Article 23(2) of Regulation No 796/2004 must be interpreted as meaning that a farmer who does not live on the agricultural holding which he runs is not required to appoint a representative who may, as a rule, be found at any given moment on that holding. |
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4.

Article 23(2) of Regulation No 796/2004 must be interpreted as meaning that a farmer who does not live on the agricultural holding which he runs is not required to appoint a representative who may, as a rule, be found at any given moment on that holding.

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(1)  OJ C 63, 13.3.2010.

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