Order of the Court (Tenth Chamber) of 10 January 2013 — Brunovskis

(Case C-650/11)

‛Common agricultural policy — Regulation (EC) No 1782/2003 — Implementation of support schemes in the new Member States — Complementary national direct payments — Conditions for grant — Regulation (EC) No 1973/2004 — Inapplicable’

1. Agriculture — Common agricultural policy — Integrated administration and control system for certain aid schemes — Complementary national aid — Discretion of the Member States — Compliance with the general principles of EU law and the objectives pursued by the common agricultural policy — Mechanism introduced following prior authorisation from the Commission (Council Regulation 1782/2003, Arts 1, 143(a), 143(b) and 143(c)(2), (4) and (6)) (see paras 15-17, 24, 25)

2. Agriculture — Common agricultural policy — Integrated administration and control system for certain aid schemes — Complementary national aid — Direct payments linked to the presence of suckler cows in a herd — National legislation which determines the time-limit for making declarations — No possibility to take account of cows which later become suckler cows — Lawfulness (Council Regulations No 1782/2003, Arts 125 and 143(c), and 1973/2004, Art. 102(2)) (see paras 29, 30, operative part)

Re:

Request for a preliminary ruling — Augstākās tiesas Senāts — Interpretation of Article 125(1) of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2003 L 270, p. 1) and Article 102(2) of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (OJ 2003 L 345, p. 1) — Suckler cow premium — National rules providing for the grant of the premium by full calendar year only for suckler cows and heffers registered as eligible for the premium by 1 July at the latest in the relevant calendar year — Whether or not all suckler cows taken into consideration in the calendar year concerned.

Operative part

EU law and, in particular, Article 143(c) of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, as amended by Council Decision 2004/281/EC of 22 March 2004, must be interpreted as not precluding national rules, such as those at issue in the main proceedings, governing certain complementary national direct payments linked to the presence of suckler cows in a herd and making the grant of those payments conditional on a declaration made before 1 July of the year concerned, even though cows which become suckler cows after that date cannot be taken into account.

Order of the Court (Tenth Chamber) of 10 January 2013 — Brunovskis

(Case C-650/11)

‛Common agricultural policy — Regulation (EC) No 1782/2003 — Implementation of support schemes in the new Member States — Complementary national direct payments — Conditions for grant — Regulation (EC) No 1973/2004 — Inapplicable’

1. Agriculture — Common agricultural policy — Integrated administration and control system for certain aid schemes — Complementary national aid — Discretion of the Member States — Compliance with the general principles of EU law and the objectives pursued by the common agricultural policy — Mechanism introduced following prior authorisation from the Commission (Council Regulation 1782/2003, Arts 1, 143(a), 143(b) and 143(c)(2), (4) and (6)) (see paras 15-17, 24, 25)

2. Agriculture — Common agricultural policy — Integrated administration and control system for certain aid schemes — Complementary national aid — Direct payments linked to the presence of suckler cows in a herd — National legislation which determines the time-limit for making declarations — No possibility to take account of cows which later become suckler cows — Lawfulness (Council Regulations No 1782/2003, Arts 125 and 143(c), and 1973/2004, Art. 102(2)) (see paras 29, 30, operative part)

Re:

Request for a preliminary ruling — Augstākās tiesas Senāts — Interpretation of Article 125(1) of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2003 L 270, p. 1) and Article 102(2) of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (OJ 2003 L 345, p. 1) — Suckler cow premium — National rules providing for the grant of the premium by full calendar year only for suckler cows and heffers registered as eligible for the premium by 1 July at the latest in the relevant calendar year — Whether or not all suckler cows taken into consideration in the calendar year concerned.

Operative part

EU law and, in particular, Article 143(c) of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, as amended by Council Decision 2004/281/EC of 22 March 2004, must be interpreted as not precluding national rules, such as those at issue in the main proceedings, governing certain complementary national direct payments linked to the presence of suckler cows in a herd and making the grant of those payments conditional on a declaration made before 1 July of the year concerned, even though cows which become suckler cows after that date cannot be taken into account.