Joined Cases C-333/15 and C-334/15: Judgment of the Court (Eighth Chamber) of 9 June 2016 (request for a preliminary ruling from the Tribunal Supremo (Supreme Court, Spain)) — María del Pilar Planes Bresco v Comunidad Autónoma de Aragón (Reference for a preliminary ruling — Common Agricultural Policy — Integrated administration and control system for certain aid schemes — Regulation (EC) No 1782/2003 — Single payment scheme — Articles 43 and 44 — Payment entitlements based on areas — Hectares eligible for area aid — Permanent pasture — National legislation making the eligibility of permanent pasture areas which exceed the forage areas initially taken into account for the purposes of determining the payment entitlements subject to conditions that they be used for the purposes of rearing livestock on the farm)
Date: 2016-06-09
Institutions: Court of Justice
Subjects: agricultural holding, aid per hectare, aid system, aid to agriculture, grassland, livestock farming, national law, single payment scheme








C_2016296EN.01001601.xml










16.8.2016   


EN


Official Journal of the European Union


C 296/16





Judgment of the Court (Eighth Chamber) of 9 June 2016 (request for a preliminary ruling from the Tribunal Supremo (Supreme Court, Spain)) — María del Pilar Planes Bresco v Comunidad Autónoma de Aragón
(Joined Cases C-333/15 and C-334/15) (1)

((Reference for a preliminary ruling - Common Agricultural Policy - Integrated administration and control system for certain aid schemes - Regulation (EC) No 1782/2003 - Single payment scheme - Articles 43 and 44 - Payment entitlements based on areas - Hectares eligible for area aid - Permanent pasture - National legislation making the eligibility of permanent pasture areas which exceed the forage areas initially taken into account for the purposes of determining the payment entitlements subject to conditions that they be used for the purposes of rearing livestock on the farm))
(2016/C 296/21)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: María del Pilar Planes Bresco

Defendant: Comunidad Autónoma de Aragón

Operative part of the judgment

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) No 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 Regulation (EC) No 2012/2006 of 19 December 2006 must be interpreted to the effect that it precludes national legislation, such as that at issue in the main proceedings, which prevents areas of permanent pasture declared by a farmer which exceed the area of permanent pasture initially taken into account for determining the amount of her payment entitlements per hectare being taken into account as hectares eligible for area aid for an agricultural year, unless the farmer demonstrates that those areas are actually being used for the purposes of rearing livestock on her farm in that agricultural year.


(1)  OJ C 302, 14.9.2015