# C_2008107EN.01000402.xml

| 26.4.2008 | EN | Official Journal of the European Union | C 107/4 |
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26.4.2008

EN

Official Journal of the European Union

C 107/4

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Judgment of the Court (Grand Chamber) of 11 March 2008 (reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany)) — Rüdiger Jager v Amt für Landwirtschaft Bützow

(Case C-420/06) (1)

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(Common agricultural policy - Regulations (EC) No 1254/1999 and (EC) No 1782/2003 - Beef and veal - Integrated administration and control system for certain Community aid schemes - Regulations (EEC) No 3887/92, (EC) No 2419/2001 and (EC) No 796/2004 - Applications for ‘livestock’ aid - Suckler cow premium - Irregularities - Non-compliance with the provisions concerning the identification and registration of unclaimed bovine animals - Regulation (EC) No 1760/2000 - Exclusion from the benefit of aid - Article 2(2) of Regulation (EC, Euratom) No 2988/95 - Principle of retroactive application of the more lenient penalty)

(2008/C 107/06)

Language of the case: German

Referring court

Verwaltungsgericht Schwerin

Parties to the main proceedings

Applicant: Rüdiger Jager

Applicant:

Defendant: Amt für Landwirtschaft Bützow

Defendant:

Re:

Reference for a preliminary ruling — Verwaltungsgericht Schwerin — Interpretation of Article 2(2) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests (OJ 1995 L 312, p. 1) — Refusal of an application for livestock aid on account of a discrepancy of more than 20 % found between the number of animals declared and the number established during a check — Retroactive application of subsequent less severe administrative penalties concerning livestock aid which applied only after the abolition of the livestock aid scheme in the Member State concerned

Operative part of the judgment

The second sentence of Article 2(2) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests is to be interpreted as meaning that the provisions laid down by Articles 66 and 67 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, as amended and corrected by Commission Regulation (EC) No 239/2005 of 11 February 2005, may not be applied retroactively to an application for ‘livestock’ aid falling within the scope ratione temporis of Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes, as amended by Commission Regulation (EC) No 2801/1999 of 21 December 1999, which gave rise to an exclusion from the benefit of aid under Article 10c of that regulation.

ratione temporis

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(1)  OJ C 326, 30.12.2006.

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