# C_2009167EN.01000401.xml

| 18.7.2009 | EN | Official Journal of the European Union | C 167/4 |
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18.7.2009

EN

Official Journal of the European Union

C 167/4

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Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 4 May 2009 — André Grootes v Amt für Landwirtschaft Parchim

(Case C-152/09)

2009/C 167/06

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Schwerin

Parties to the main proceedings

Parties to the main proceedings

Claimant: André Grootes

Claimant:

Defendant: Amt für Landwirtschaft Parchim

Defendant:

Questions referred

Questions referred

| 1. | Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 (1) be recognised in relation to an area-based amount even where an agri-environmental measure ongoing on 15 May 2003 constitutes just retention of (permanent) use as pastureland, but it is connected seamlessly in time (or at any rate ‘promptly’) with a measure under which conversion from arable land to permanent pastureland has taken place? |
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1.

Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 (1) be recognised in relation to an area-based amount even where an agri-environmental measure ongoing on 15 May 2003 constitutes just retention of (permanent) use as pastureland, but it is connected seamlessly in time (or at any rate ‘promptly’) with a measure under which conversion from arable land to permanent pastureland has taken place?

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| 2. | If the first question should be answered in the affirmative:
  Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 be recognised in relation to an area-based amount only where there has been a change of use of the area from arable land to pastureland on the basis of (and precisely because of) participation in an agri-environmental measure as referred to in the aforementioned provision? |
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2.

If the first question should be answered in the affirmative:

Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 be recognised in relation to an area-based amount only where there has been a change of use of the area from arable land to pastureland on the basis of (and precisely because of) participation in an agri-environmental measure as referred to in the aforementioned provision?

| 3. | Is recognition of hardship under Article 40(5) of Regulation (EC) No 1782/2003 contingent on the farmer making the application being the person who made the change of use, or can a farmer who later ‘joins in on’ the agri-environmental measure also successfully claim hardship under that provision? |
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3.

Is recognition of hardship under Article 40(5) of Regulation (EC) No 1782/2003 contingent on the farmer making the application being the person who made the change of use, or can a farmer who later ‘joins in on’ the agri-environmental measure also successfully claim hardship under that provision?

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(1)  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 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 (OJ L 270, 21.10.2003, p. 1).

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