# C_2016279EN.01001001.xml

| 1.8.2016 | EN | Official Journal of the European Union | C 279/10 |
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1.8.2016

EN

Official Journal of the European Union

C 279/10

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Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden, sitting in Arnhem (Netherlands) lodged on 22 April 2016 — Jan Theodorus Arts v Veevoederbedrijf Alpuro BV

(Case C-227/16)

(2016/C 279/15)

Language of the case: Dutch

Referring court

Referring court

Gerechtshof Arnhem-Leeuwarden, sitting in Arnhem

Parties to the main proceedings

Parties to the main proceedings

Appellant: Jan Theodorus Arts

Appellant:

Respondent: Veevoederbedrijf Alpuro BV

Respondent:

Questions referred

Questions referred

| 1. | Is a set of clauses in an agreement between a calf fattener and an integration undertaking, ..., from which it follows that the single payment allocated to the calf fattener pursuant to Council Regulation (EC) No 73/2009 (1) of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers is payable to the integration undertaking by means of a deduction from the price for the fattened calves, valid, given the objectives of that regulation, in particular the objective of ensuring a fair standard of living for farmers by means of direct income support and the promotion of public health, animal health, the environment and animal welfare? |
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1.

Is a set of clauses in an agreement between a calf fattener and an integration undertaking, ..., from which it follows that the single payment allocated to the calf fattener pursuant to Council Regulation (EC) No 73/2009 (1) of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers is payable to the integration undertaking by means of a deduction from the price for the fattened calves, valid, given the objectives of that regulation, in particular the objective of ensuring a fair standard of living for farmers by means of direct income support and the promotion of public health, animal health, the environment and animal welfare?

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| 2. | If Question 1 is answered in the negative: does the national court, given the conflict which exists with the objectives of Regulation No 73/2009, have the power to modify the agreement on the basis of the clausula rebus sic stantibus doctrine in such a way that the disadvantage resulting from the nullity of that set of clauses is fully or partially eliminated for the integration undertaking, in particular by lowering the price for fattened calves? |
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2.

If Question 1 is answered in the negative: does the national court, given the conflict which exists with the objectives of Regulation No 73/2009, have the power to modify the agreement on the basis of the clausula rebus sic stantibus doctrine in such a way that the disadvantage resulting from the nullity of that set of clauses is fully or partially eliminated for the integration undertaking, in particular by lowering the price for fattened calves?

clausula rebus sic stantibus

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(1)  Regulation establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

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