Opinion of the Advocate General — ECLI:EU:C:2026:19
Date: 2026-01-15
Language of the case: French

Summary overview for 27 Member States – Facts and figures’, June 2023, available at: https://agriculture.ec.europa.eu/system/files/2023-06/approved-28-cap-strategic-plans-2023-27.pdf, in particular Section 4.2, ‘Better market orientation, increased competitiveness and improved position in the value chain’, p. 27, and the section on ‘Risk management’, p. 38. 12 See, inter alia, Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ 2013 L 347, p. 487), in particular Article 36, entitled ‘Risk management’, and Annex VI. 13 On that point, see recitals 29 and 30 of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ 2021 L 435, p. 1). 14 See recitals 42 and 54 of Regulation No 702/2014. See also recital 43 of Regulation 2022/2472. 15 Namely, the Commission and the Kingdom of Belgium. 16 See point 94 of the 2014 Guidelines (see also point 97 of the 2022 Guidelines). 17 The points of the Guidelines referred to in the previous footnote state that, ‘regarding aid to compensate for losses caused by adverse climatic events which can be assimilated to a natural disaster, in order to avoid the risk of distorting competition, aid at the maximum aid intensity should be granted only to an undertaking that cannot be covered for such losses by insurance.’ 18 See judgment of 20 May 2021, Azienda Sanitaria Provinciale di Catania (C‑128/19, EU:C:2021:401, paragraph 42 and the case-law cited). 19 See judgment of 20 May 2021, Azienda Sanitaria Provinciale di Catania (C‑128/19, EU:C:2021:401, paragraph 42), and, by analogy, judgment of 5 March 2019, Eesti Pagar (C‑349/17, EU:C:2019:172, paragraph 59 and the case-law cited).