Judgment;Summary — ECLI:EU:C:2019:863
Date: 2019-10-16
Language of the case: Hungarian
Court formation: Ninth Chamber
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: Hungary

Summary of the facts 
On 13 March 2017 the applicant submitted an application for aid to acquire new 
equipment needed for [bee] transhumance to the Vice-President of the Magyar 
Államkincstár (State Treasury, Hungary) responsible for aid for agriculture, 
livestock farming and rural development. The aid in question is based on the 
number of bee colonies, which is determined on 30 September every year as part 
of an administrative control process. The number of bee colonies in existence on 
30 September 2016 was determined throughout Hungary in the context of a 
mandatory official count. 
The Földművelésügyi és Vidékfejlesztési Minisztérium 4/2017. (I. 23.) FM 
rendelet (Decree 4/2017 of the Ministry of Agriculture, Livestock Farming and 
Rural Development; ‘Decree 4/2017’), published on 23 January 2017, doubled the 
number of bee colonies required in order to qualify for the aid, which went from 
30 to 60. Under the Decree, the information held in the Tenyészet Információs 
Rendszer (Livestock Information System; ‘TIR’) could be altered retrospectively 
AGRÁRMINISZTER 
 
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during a 30-day period from January 2017; in other words the number of bee 
colonies [recorded in the database] could subsequently be increased. 
The applicant did not satisfy the requirement regarding the increased number of 
bee colonies, and so the State Treasury refused the aid application in a decision 
[...] dated 5 May 2017. 
Following an appeal by the applicant, the defendant confirmed the substance of 
the original decision in a decision [...] dated 21 August 2017. The grounds for this 
second decision stated that, according to the data in the TIR, the applicant had 
only 36 bee colonies rather than the 62 stated in the aid application. 
The applicant has lodged an appeal against the second-tier decision. 
II. EU Law 
COMMISSION DELEGATED REGULATION (EU) 2015/1366 supplementing 
Regulation (EU) No 1308/2013 of the European Parliament and of the Council 
with regard to aid in the apiculture sector 
(4) 
In order to ensure a sound distribution of the Union funds, participating Member 
States should have a reliable method to determine the number of beehives in their 
territory. 
(5) 
As the number of beehives vary during the seasons of the year, it is necessary to 
fix the period when the number of beehives is determined. 
..] 
(11) 
It is necessary to provide transitional measures for the allocation of the Union 
contribution for the 2017-19 apiculture programmes. In order to ensure continuity 
with the 2014-16 apiculture programmes and to allow sufficient time for all 
Member States to establish a reliable method to determine the number of beehives 
ready for wintering between 1 September and 31 December, the allocation of 
Union funds for the 2017-19 apiculture programmes should be made on the basis 
of the number of beehives communicated in 2013 by the Member States in their 
respective 2014-16 apiculture programmes. 
... 
REQUEST FOR A PRELIMINARY RULING OF 17.7.2018 — CASE C-490/18 
 
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Article 1 
Beehives 
For the purposes of this Regulation, the term ‘beehive’ means the unit containing 
a honeybee colony used for the production of honey, other apiculture products or 
honeybee breeding material, and all the elements necessary for its survival. 
Article 2 
Method to determine the number of beehives 
Member States submitting national programmes for the apiculture sector as 
referred to in Article 55 of Regulation (EU) No 1308/2013 (‘apiculture 
programmes’) shall have a reliable method to determine, between 1 September 
and 31 December each year, the number of beehives ready for wintering present 
in their territory. 
REGULATION (EU) NO 1308/2013 OF THE EUROPEAN PARLIAMENT AND 
OF THE COUNCIL establishing a common organisation of the markets in 
agricultural products and repealing Council Regulations (EEC) No 922/72, 
(EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 
Article 55 
National programmes and financing 
(1) With a view to improving general conditions for the production and 
marketing of apiculture products, Member States may draw up national 
programmes for the apiculture sector covering a period of three years 
(‘apiculture programmes’). These programmes shall be developed in cooperation 
with representative organisations in the beekeeping field. 
... 
III. National legislation 
Decree 4/2017 of the Ministry of Agriculture, Livestock Farming and Rural 
Development of 23 January 2017, in force from 24 January 2017. 
Paragraph 22 
..] 
(3) Applications for aid ― based on the number of bee colonies determined in 
accordance with Paragraph 4(10) ― may be made by producers who are 
currently members of the OMME [Országos Magyar Méhészeti Egyesület ― 
Hungarian National Association of Beekeepers]. 
AGRÁRMINISZTER 
 
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..] 
(5) An application for aid may be made by a person who has at least 60 bee 
colonies in the case of the aid for equipment referred to in points (a), (b) and (e) 
of subparagraph 4; at least 30 bee colonies in the case of the aid for equipment 
referred to in point (h) of subparagraph 4; and at least 100 bee colonies in the 
case of the aid for equipment referred to in points (c), (d), (f) and (g) of 
subparagraph 4. 
... 
Paragraph 4 
(10) In the case of the measures referred to in Paragraph 2(2)(a)(ae), 
Paragraph 2(2)(b)(ba) and (bb), and Paragraph 2(2)(c)(cb), and the aid for the 
acquisition of radio frequency identifiers within the framework of the measure 
referred to in Paragraph 2(2)(c)(ca), and in the case of the aid for the restocking 
of hives with breeding material that is suitable in both veterinary and genetic 
terms within the context of the measure referred to in Paragraph 2(2)(e), the right 
to aid shall be based on the number of bee colonies:  
(a) determined during the autumn veterinary bee inspection for the 
implementation period in question; 
(b) registered under the [TIR] as referred to in the a tartási helyek, a 
tenyészetek és az ezekkel kapcsolatos egyes adatok országos nyilvántartási 
rendszeréről szóló 119/2007. (X. 18.) FVM rendelet (Decree 119/2007 of the 
Ministry of Agriculture, Livestock Farming and Rural Development of 18 October 
2007 on the national register of breeding sites and centres and data relating 
thereto; ‘Decree 119/2007’) on the basis of the statements made in accordance 
with Decree 119/2007 and received by the competent Regional Government Office 
within 30 days of the entry into force of this Decree in the case of the first 
implementation period, by 15 November 2017 in the case of the second 
implementation period, and by 15 November 2018 in the case of the third 
implementation period; and 
(c) of which the applicant continues to be the owner on the day on which he 
submits the application for aid. 
IV. Reasons for initiating the procedure 
The regulations governing aid for bee transhumance were previously set out ― as 
regards the period from 2013 to 2016 ― in the [118]/2013. sz. VM rendelet 
(Decree [118]/2012 of the Vidékfejlesztési Miniszterium (Ministry of Rural 
REQUEST FOR A PRELIMINARY RULING OF 17.7.2018 — CASE C-490/18 
 
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Development, Hungary)). These stipulated that the aid was available to 
beekeepers who had at least 30 bee colonies. 
Under EU law, the allocation of aid for the 2017-2019 period must also be based 
on the number of hives for the 2013-2016 period. 
[It is necessary to determine whether] the provision in Decree 4/2017 which ― 
without allowing sufficient time to prepare ― doubles the number of bee colonies 
required in order to obtain the aid, is compatible with EU law. 
Under Article 19(3) of the TREATY ON EUROPEAN UNION AND UNDER 
THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, it is 
for the Court of Justice of the European Union to answer the questions referred. 
This court requests an interpretation of the relevant EU law, in view of the fact 
that it will only be in a position to rule on the appeal filed by the applicant if the 
Court of Justice examines the matters set out above and issues a decision on them 
[...] [procedural matters of domestic law] 
In the light of the facts set out above, this court considers that an answer to the 
questions raised in this case is necessary, as the interpretation of the questions 
formulated in the operative part has not previously been raised before the Court of 
Justice in cases based on facts similar to those of this case. 
[...] [procedural matters of domestic law] 
Budapest, 17 July 2018 
[...] 
[...] [signatures]