Judgment — ECLI:EU:C:2009:369
Date: 2009-06-11
Language of the case: Dutch
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Beef and veal;General provisions
Concepts: Structural reform of agriculture: joint action
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Single payment scheme (Council Regulations No 1254/1999, Art. 23(1), and No 1782/2003, Art. 37(1); Commission Regulation No 795/2004, Art. 3a) Article 3a of Regulation No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in 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 1974/2004, must be interpreted as meaning that reductions and exclusions based on Regulation No 1254/1999 on the common organisation of the market in beef and veal are not to be taken into account in the calculation provided for in Article 37(1) of Regulation No 1782/2003. Article 3a of Regulation No 795/2004 expressly provides, in regard to the calculation of the reference amount, that the number of animals for which a direct payment ‘has been or should have been granted’ is to be taken into consideration. It follows that, for the purposes of calculating the reference amount referred to in Article 37(1) of Regulation No 1782/2003, it is not necessary that the direct payment in question should actually have been made to the farmer. It is also apparent from the wording of Article 23(1) of Regulation No 1254/1999 that the consequence of the application of a penalty is to exclude the producer, irrespective of the number of animals concerned, from receiving the payments granted on the basis of that regulation. Such a penalty cannot therefore affect the determination of the number of animals to be taken into account for the purpose of fixing the abovementioned reference amount. That interpretation is, in addition, in accordance with the wish of the Community legislature not to perpetuate penalties to the detriment of farmers beyond the initial penalty. (see paras 33-36, 47, operative part)