Opinion of the Advocate General — ECLI:EU:C:2004:322
Date: 2004-05-27
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Agriculture – Common agricultural policy – Support for producers of certain arable crops – Compensatory payments for areas down to arable crops or subject to set-aside – Exclusion for land under permanent crops – Definition – Uncultivated land – Included (Council Regulations No 1765/92, Art. 9, and No 1251/1999, Art. 7) 2. Agriculture – Common agricultural policy – Support for producers of certain arable crops – Compensatory payments for areas down to arable crops or subject to set-aside – Exclusion for land under permanent crops – Event terminating use of the land for permanent crop of fruit trees (Council Regulations No 1765/92, Art. 9, and No 1251/1999, Art. 7) 3. Agriculture – Common agricultural policy – Support for producers of certain arable crops – Compensatory payments for areas down to arable crops or subject to set-aside – Exclusion for land under permanent crops – Land no longer used for permanent crops – Use for non-agricultural purposes – Conditions (Council Regulations No 1765/92, Art. 9, and No 1251/1999, Art. 7) 1. Articles 9 of Regulation No 1765/92 and Article 7 of Regulation No 1251/1999, both establishing a support system for producers of certain arable crops, must be interpreted as meaning that, for land under permanent crops to be excluded from compensatory payments, there is no requirement that the land has been cultivated, and in particular that insecticides have been used or crops harvested, since those provisions refer merely to the land use without requiring it actually to be cultivated. (see paras 15, 19, operative part 1) 2. Article 9 of Regulation No 1765/92 and Article 7 of Regulation No 1251/1999, both establishing a support system for producers of certain arable crops, which exclude from compensatory payments land under permanent crops, must be interpreted as meaning that the land ceases to be under permanent crops, in the case of apple production, once the apple trees have been felled, even if they have not been removed. However, the mere decision to fell the trees, without that decision being put into practice, does not mean that the land ceases to be under permanent crops. (see para. 23, operative part 2) 3. Article 9 of Regulation No 1765/92 and Article 7 of Regulation No 1251/1999, both establishing a support system for producers of certain arable crops, which exclude from compensatory payments land under permanent crops, must be interpreted as meaning that land which has ceased to be under permanent crops must be regarded as being used for non-agricultural purposes if is shown that it is not intended for the production of other plants or animals. (see para. 27, operative part 3)