Opinion of the Advocate General — ECLI:EU:C:2000:175
Date: 2000-03-30
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Agriculture — Common agricultural policy — Structural reform — Improving the 
efficiency of structures — Recognising the status of farmers practising farming as their 
main occupation — Regulations Nos 797/85 and 2328/91 — Reliance before a national 
court by limited companies in the absence of implementing measures in the national legal 
system — Not permissible 
(Council Regulations No 797/85, Art. 2(5), and No 2328/91, Art. 5(5)) 
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SUMMARY — CASE C-403/98 
The last subparagraph of Article 2(5) of 
Regulation No 797/85 on improving the 
efficiency of agricultural structures and the 
last subparagraph of Article 5(5) of Reg­
ulation No 2328/91 on improving the effi­
ciency of agricultural structures may not be 
relied on before a national court by limited 
companies seeking to obtain the status of 
farmers practising farming as their main 
occupation where the legislature of a 
Member State has not adopted the provi­
sions necessary for their implementation in 
the national legal system. 
(see para. 29 and operative part) 
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