Opinion of the Advocate General — ECLI:EU:C:2013:319
Date: 2013-05-16
Language of the case: French
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: France

Summary — Judgment of the Court (First Chamber), 3 October 2013 1. EU law — Interpretation — Texts in several languages — Uniform interpretation — Differences between the various language versions — General scheme and purpose of the rules at issue taken into account (Council Regulation No 1782/2003, Art. 40(1)) 2. Agriculture — Common agricultural policy — Integrated administration and control system for certain aid schemes — Single payment scheme — Calculation of the reference amount in the event of exceptional circumstances — Farmers subject to agri-environmental commitments during the reference period able to request a calculation on the basis of the calendar year or years in the reference period which were not affected by those commitments (Council Regulation No 1782/2003, as amended by Regulation No 1009/2008, Art. 40(5), first para.) 3. Agriculture — Common agricultural policy — Integrated administration and control system for certain aid schemes — Single payment scheme — Calculation of the reference amount in the event of exceptional circumstances — Farmers subject, during the period 1997-2002, to agri-environmental commitments entitled to request a calculation on the basis of objective criteria and in such a way as to ensure equal treatment and to avoid market and competition distortions — Obligations of national courts (Council Regulation No 1782/2003, as amended by Regulation No 1009/2008, Art. 40(5), second para.) 1. See the text of the decision. (see para. 22) 2. The first subparagraph of Article 40(5) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Regulation No 1009/2008, must be interpreted as meaning that a farmer, by the mere fact of having been subject, during the reference period, to agri-environmental commitments pursuant to Regulations No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended by Regulation No 2223/2004, is entitled to request that his reference amount be calculated on the basis of the calendar year or years in the reference period which were not affected by those commitments. The objective which the legislature intended to achieve was to ensure that farmers who, during the reference period, were subject to those agri-environmental measures were placed in the same situation as they would have been if they had not participated in those measures. (see paras 29, 34, operative part 1) 3. The second subparagraph of Article 40(5) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Regulation No 1009/2008, must be interpreted as meaning that a farmer, by the mere fact of having been subject, during the period 1997-2002, to agri-environmental commitments pursuant to Regulations No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside and No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended by Regulation No 2223/2004, is entitled to request that his reference amount be calculated on the basis of objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, which it is for the referring court to determine. In addition, in accordance with the principle of cooperation in good faith, it is for the national courts to apply, within the exercise of their jurisdiction, the first and second subparagraphs of Article 40(5) of Regulation No 1782/2003 and to give full effect to those provisions, refusing if necessary to apply any conflicting provision of national legislation, including any subsequent national provision. (see paras 36, 37, operative part 2)