Opinion of the Advocate General — ECLI:EU:C:2013:259
Date: 2013-04-23
Language of the case: English
Subject matter: Agriculture and Fisheries;Fruit and vegetables;European Agricultural Guidance and Guarantee Fund (EAGGF)
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary — Judgment of the Court (Second Chamber), 19 December 2013 Agriculture — Common organisation of the markets — Fruit and vegetables — Producer organisations — Recognition of those organisations by the national authorities in cases of outsourcing of essential activities — Conditions — Contractual agreement enabling producer organisation to continue to be responsible for the carrying out of outsourced activities and for control of their overall management — Determination by national court or tribunal (Council Regulation No 2200/96, Art. 11) Article 11 of Regulation No 2200/96 on the common organisation of the market in fruit and vegetables must be interpreted as meaning that in order that a producer organisation which has entrusted to a third party the carrying out of the activities which are essential to its recognition under that provision can meet the conditions for recognition laid down therein, it is obliged to enter into a contractual agreement enabling it to continue to be responsible for the carrying out of those activities and for control of their overall management, in such a way that that organisation retains, ultimately, the power of control and, when necessary, the power to take timely action as regards those activities being carried out for the entire duration of the agreement. It is for the competent national court or tribunal to determine, in each case and taking into account all the relevant circumstances, including the nature and extent of the outsourced activities, whether the producer organisation concerned has retained such control. (see para. 32, operative part)