Opinion of the Advocate General — ECLI:EU:C:2010:56
Date: 2010-02-04
Language of the case: German
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Single payment scheme – Transfer of payment entitlements (Council Regulation No 1782/2003, Art. 46(2)) Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers must be interpreted as not precluding a contractual arrangement the object of which is to effect a definitive transfer of payment entitlements whereby the transferee, in his capacity as the person entitled to them, is obliged to activate the payment entitlements and to pass on to the transferor, without any limit in time, the full amount, or a part thereof, of the payments received on that basis, provided that the purpose of such an arrangement is not to permit the transferor to retain a part of the payment entitlements which he has formally transferred, but to determine, by reference to the value of that part of the payment entitlements, the agreed price for the transfer of all the payment entitlements. (see para. 50, operative part)