Case C-273/15: Judgment of the Court (Eighth Chamber) of 26 May 2016 (request for a preliminary ruling from the Augstākās tiesas — Latvia) — ZS ‘Ezernieki’ v Lauku atbalsta dienests (Reference for a preliminary ruling — Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) Nos 1257/1999 and 817/2004 — Support for rural development — Recovery of undue payments — Increase of the area declared during the five-year commitment period above the threshold provided for — Replacement of the original commitment by a new commitment — Non-compliance by the beneficiary with the obligation to submit an annual application for payment of aid — National legislation requiring the repayment of all aid paid over several years — Principle of proportionality — Articles 17 and 52 of the Charter of Fundamental Rights of the European Union)
Date: 2016-05-26
Institutions: Court of Justice
Subjects: EAGGF, aid to agriculture, principle of proportionality, reimbursement of aid, rural development, terms for aid








C_2016260EN.01001001.xml










18.7.2016   


EN


Official Journal of the European Union


C 260/10





Judgment of the Court (Eighth Chamber) of 26 May 2016 (request for a preliminary ruling from the Augstākās tiesas — Latvia) — ZS ‘Ezernieki’ v Lauku atbalsta dienests
(Case C-273/15) (1)

((Reference for a preliminary ruling - Agriculture - European Agricultural Guidance and Guarantee Fund - Regulations (EC) Nos 1257/1999 and 817/2004 - Support for rural development - Recovery of undue payments - Increase of the area declared during the five-year commitment period above the threshold provided for - Replacement of the original commitment by a new commitment - Non-compliance by the beneficiary with the obligation to submit an annual application for payment of aid - National legislation requiring the repayment of all aid paid over several years - Principle of proportionality - Articles 17 and 52 of the Charter of Fundamental Rights of the European Union))
(2016/C 260/13)
Language of the case: Latvian

Referring court

Augstākās tiesas

Parties to the main proceedings


Applicant: ZS ‘Ezernieki’

Defendant: Lauku atbalsta dienests

Operative part of the judgment

Article 71(2) of Commission Regulation (EC) No 817/2004 of 29 April 2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF), must, in the light of the objective of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended by Council Regulation (EC) No 1783/2003 of 29 September 2003, and of Regulation No 817/2004, in the light of the principle of proportionality and Articles 17 and 52 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that it does not preclude national legislation, such as that at issue in the main proceedings, in accordance with which the beneficiary of aid granted in return for agri-environmental commitments covering several years is required to repay all of the aid already received, on the ground that he did not submit an annual application for payment of that aid for the last year of the five-year period of his commitments, where, first, that five-year period replaced an earlier period as a result of an increase in the area of his holding and, secondly, that beneficiary did not cease to fulfil his obligations relating to the use of the area declared prior to that increase.


(1)  OJ C 262, 10.8.2015.