Judgment — ECLI:EU:C:2009:652
Date: 2009-10-22
Language of the case: Dutch
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;General provisions
Concepts: Structural reform of agriculture: joint action
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 1. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Single payment scheme (Council Regulation No 1782/2003, Art. 42(4); Commission Regulation No 795/2004, as amended by Regulation No 1974/2004, Art. 21) 2. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Single payment scheme (Council Regulation No 1782/2003, Art. 42(4)) 1. Article 42(4) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations No 2019/93, No 1452/2001, No 1453/2001, No 1454/2001, No 1868/94, No 1251/1999, No 1254/1999, No 1673/2000, No 2358/71 and No 2529/2001 must be interpreted as giving the Member States such discretion as to permit them to establish a reference amount of EUR 0 and not to allocate any payment entitlements from the national reserve to a farmer who finds himself in a special situation as described in Article 21 of Regulation No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Regulation No 1782/2003, as amended by Regulation No 1974/2004, provided that that amount is based on objective criteria, does not prejudice the equal treatment of farmers and does not create market or competition distortions. (see para. 34, operative part 1) 2. Community law and, in particular, Article 42(4) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations No 2019/93, No 1452/2001, No 1453/2001, No 1454/2001, No 1868/94, No 1251/1999, No 1254/1999, No 1673/2000, No 2358/71 and No 2529/2001 does not preclude the application of a national provision under which any increase in the amount of additional payments arising as a result of an investment in production capacity or a purchase of land is subject to a deduction of EUR 500 before a reference amount is established as the basis for the allocation of entitlements to payments from the national reserve. Since it is applicable to all farmers calling on the national reserve, the national provision at issue is a general measure which is based on objective criteria and does not infringe the principle of equal treatment or entail market or competition distortions, in accordance with the aforementioned Article 42(4). (see paras 38, 40, 46, operative part 2)