# C_2009113EN.01002001.xml

| 16.5.2009 | EN | Official Journal of the European Union | C 113/20 |
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16.5.2009

EN

Official Journal of the European Union

C 113/20

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Reference for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz (Germany) lodged on 11 February 2009 — Landkreis Bad Dürkheim v Aufsichts- und Dienstleistungsdirektion, interested party: Frau Astrid Niedermair-Schiemann

(Case C-61/09)

2009/C 113/40

Language of the case: German

Referring court

Referring court

Oberverwaltungsgericht Rheinland-Pfalz

Parties to the main proceedings

Parties to the main proceedings

Applicant: Landkreis Bad Dürkheim

Applicant:

Defendant: Aufsichts- und Dienstleistungsdirektion

Defendant:

Interested party: Frau Astrid Niedermair-Schiemann

Interested party:

Questions referred

Questions referred

| 1. | Is there also an ‘agricultural area’ in the sense of Article 44(2) of Regulation (EC) No 1782/2003 (1) if that area is admittedly also used for agricultural purposes (grazing for sheep farming purposes) but the overriding objective is to achieve the aims of landscape management and nature conservation? |
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1.

Is there also an ‘agricultural area’ in the sense of Article 44(2) of Regulation (EC) No 1782/2003 (1) if that area is admittedly also used for agricultural purposes (grazing for sheep farming purposes) but the overriding objective is to achieve the aims of landscape management and nature conservation?

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| 2. | If Question 1 is to be answered in the affirmative:
  Is an area used for non-agricultural activities in the sense of Article 44(2) of Regulation (EC) No 1782/2003 if the overriding purpose of the activity is nature conservation or in any case if the farmer is subject to the instructions of the nature conservation authority when fulfilling nature conservation objectives? |
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2.

If Question 1 is to be answered in the affirmative:

Is an area used for non-agricultural activities in the sense of Article 44(2) of Regulation (EC) No 1782/2003 if the overriding purpose of the activity is nature conservation or in any case if the farmer is subject to the instructions of the nature conservation authority when fulfilling nature conservation objectives?

| 3. | If there is an agricultural area (Question 1), which is also used for an agricultural activity (Question 2):
  Does the allocation of an agricultural area to a holding (agricultural area of the holding in the sense of Article 44(2) of Regulation (EC) No 1782/2003) require:






  (a) | that it be at the disposal of the holding against payment on the basis of a lease or another similar temporary transaction? |
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3.

If there is an agricultural area (Question 1), which is also used for an agricultural activity (Question 2):

Does the allocation of an agricultural area to a holding (agricultural area of the holding in the sense of Article 44(2) of Regulation (EC) No 1782/2003) require:

(a)

that it be at the disposal of the holding against payment on the basis of a lease or another similar temporary transaction?

| (b) | If (a) is to be answered in the negative: is it without prejudice to the allocation to the holding if occupation of the areas is allowed, without charge or in return only for taking over the contributions to the trade association, for use of a specific nature and for a limited period of time in accordance with the objectives of nature conservation? |
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(b)

If (a) is to be answered in the negative: is it without prejudice to the allocation to the holding if occupation of the areas is allowed, without charge or in return only for taking over the contributions to the trade association, for use of a specific nature and for a limited period of time in accordance with the objectives of nature conservation?

| (c) | If (a) is to be answered in the affirmative: is it without prejudice to the allocation to the holding if the holding is obliged to carry out certain tasks on the land in return for payment? |
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(c)

If (a) is to be answered in the affirmative: is it without prejudice to the allocation to the holding if the holding is obliged to carry out certain tasks on the land in return for payment?

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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 2003 L 270, p. 1).

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