Opinion of the Advocate General — ECLI:EU:C:2018:237
Date: 2018-04-12
Language of the case: Czech
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Procedure: Action for annulment;Appeal - successful
Origin: Czechia

Summary — Judgment of the Court (Third Chamber), 6 September 2018 1. Appeal — Grounds — Plea submitted for the first time in the appeal — Argument constituting an amplification of a plea submitted at first instance — Admissibility 2. EU law — Interpretation — Principles — Independent and uniform interpretation — Methods — Effectiveness 3. Agriculture — Common organisation of the markets — Wine — Support measures — Measures for the restructuring and conversion of vineyards — Concept — Measures for the protection of vineyards against damage caused by animals and birds — Included — Condition (Council Regulation No 479/2008, Art. 11(1) and (3)) 1. See the text of the decision. (see paras 24-27) 2. See the text of the decision. (see paras 43, 45) 3. According to Article 11(1) of Regulation No 479/2008 on the common organisation of the market in wine, the purpose of measures for the restructuring of vineyards is to increase the competitiveness of wine producers. In the light of that objective, a comparatively modest measure, limited to managing the vines better by protecting the plants by various means, which leads to a significant increase in competitiveness for growers is capable of being classified as a restructuring measure. In particular, it does not follow from the wording of Article 11(3) of Regulation No 479/2008 that measures having recourse to existing or even age-old techniques can be eligible for support for the restructuring of vineyards only on condition that they are combined with new technologies and concepts. Consequently, as Regulation No 479/2008 is silent as to the eligibility for support of measures to protect vineyards inter alia against damage caused by game and birds, there is no legal basis for refusing to allow a Member State to include a measure for the protection of vineyards against damage caused by animals and birds among measures for the restructuring and conversion of vineyards, where that measure contributes to improving the competitiveness of wine producers in that Member State. (see paras 46, 47, 51, 52)