EN Official Journal of the European Union C 220/4

Judgment of the Court (Grand Chamber) of 16 July 2009 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) (United Kingdom)) — Mark Horvath v Secretary of State for Environment, Food and Rural Affairs

(Case C-428/07) (1)

(Common agricultural policy - Direct support schemes - Regulation (EC) No 1782/2003 - Article 5 and Annex IV - Minimum requirements for good agricultural and environmental condition - Maintenance of rights of way - Implementation by a Member State - Transfer of powers to regional authorities of a Member State - Discrimination contrary to Community law)

2009/C 220/05

Language of the case: English

Referring court

High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)

Parties to the main proceedings

Applicant: Mark Horvath

Defendant: Secretary of State for Environment, Food and Rural Affairs

Re:

Reference for a preliminary ruling — High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) — Interpretation of Article 5 and of Annex IV to 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) — Criteria for good agricultural and environmental condition defined in Article 5 of the regulation and in Annex IV thereto — Possibility of including requirements relating to the maintenance of visible public rights of way — Member State’s internal arrangements which provide that devolved administrations are to have legislative competence in relation to the various constituent parts of that Member State with the consequence that those various parts have different standards of good agricultural and environmental condition

Operative part of the judgment

1. A Member State may include requirements relating to the maintenance of visible public rights of way in its standards for good agricultural and environmental condition under Article 5 of and Annex IV to 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, inasmuch as those requirements contribute to the retention of those rights of way as landscape features or, as the case may be, to the avoidance of the deterioration of habitats.

2. Where the constitutional system of a Member State provides that devolved administrations are to have legislative competence, the mere adoption by those administrations of different standards for good agricultural and environmental condition under Article 5 of and Annex IV to Regulation No 1782/2003 does not constitute discrimination contrary to Community law.

(1) OJ C 297, 8.12.2007.