Judgment — ECLI:EU:C:2011:398
Date: 2011-06-16
Language of the case: Slovenian
Court formation: Seventh Chamber
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: Slovenia

Summary of the Judgment 1. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – On-the-spot checks – Meaning of preventing an on-the-spot check from being carried out (Council Regulation No 1782/2003; Commission Regulation No 796/2004, Art. 23(2)) 2. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – On-the-spot checks – Conditions for rejecting an aid application when the carrying out of an on-the-spot check has been prevented (Council Regulation No 1782/2003; Commission Regulation No 796/2004, Art. 23(2)) 3. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – On-the-spot checks – Definition of representative (Council Regulation No 1782/2003; Commission Regulation No 796/2004, Art. 23(2)) 4. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – On-the-spot checks – Farmer not living on the agricultural holding for which he is responsible (Council Regulation No 1782/2003; Commission Regulation No 796/2004, Art. 23(2)) 1. The expression ‘prevents an on-the-spot check from being carried out’ in Article 23(2) of Regulation No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system 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, corresponds to an autonomous concept of European Union law that must be given a uniform interpretation in all the Member States, to the effect that it includes, in addition to deliberate conduct, any act or omission ascribable to the negligence of the farmer or his representative which has the consequence of preventing an on-the-spot check from being carried out in full, where the farmer or his representative has not taken all measures which may reasonably be required of him in order to ensure that that check may be carried out in full. (see para. 30, operative part 1) 2. Rejection of the aid applications concerned, under Article 23(2) of Regulation No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system 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, does not depend on the farmer or his representative being adequately informed of the part of the on-the-spot check that requires his cooperation. (see para. 34, operative part 2) 3. The concept of ‘representative’, referred to in Article 23(2) of Regulation No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system 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, which is an autonomous concept of European Union law that must be given a uniform interpretation in all the Member States, must be interpreted as meaning that it includes, when on-the-spot checks are carried out, any adult having proper capacity, who lives on the holding and to whom the farmer entrusts at least part of the management of that agricultural holding, in so far as the farmer has clearly expressed his wish to give that person authority in order to represent him and, therefore, undertakes to assume responsibility for all that person’s acts and omissions. (see para. 40, operative part 3) 4. Article 23(2) of Regulation No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system 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 must be interpreted as meaning that a farmer who does not live on the agricultural holding which he runs is not required to appoint a representative who may, as a rule, be found at any given moment on that holding. (see para. 45, operative part 4)