Case C-262/19: Request for a preliminary ruling from the Polymeles Protodikeio Athinon (Greece) lodged on 28 March 2019 — RM, SN v Agrotiki Trapeza tis Ellados AE
Date: 2019-03-28
Institutions: Court of Justice
Subjects: State aid, agricultural bank, agricultural real estate, control of State aid, farmer, land register, liquidation, loan, mortgage, mortgage bank








C_2019187EN.01005101.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/51






Request for a preliminary ruling from the Polymeles Protodikeio Athinon (Greece) lodged on 28 March 2019 — RM, SN v Agrotiki Trapeza tis Ellados AE
(Case C-262/19)
(2019/C 187/55)
Language of the case: Greek

Referring court

Polymeles Protodikeio Athinon

Parties to the main proceedings


Applicants: RM, SN

Defendant: Agrotiki Trapeza tis Ellados AE

Questions referred







1.


Can the provision in Article 70(1) of Law No 4235/2014, to the effect that ‘In the case of mortgages or pre-notices of mortgages, which have been recorded in the registers of mortgages and in the Land Registry if appropriate in favour of the Bank known as “Αgrotiki Trapeza tis Ellados ΑΕ” (“the Bank”), which has now entered into special liquidation, which affect farmers who are natural persons or third party farmers who are natural persons and are over their agricultural immovable property or their agricultural production plant in order to secure claims of the Bank of any kind which arise from loans — such as claims on the principal, interest, interest on arrears, including interest on interest as it falls due and on interest on arrears, charges, costs and expenses and all other outlays as specified in the relevant loan agreement — with respect to the granting by the Bank to farmers, natural persons, of short-term and medium-term loans which relate exclusively to their agricultural activity and repayment of which is overdue, wholly or in part, the amount of the loan with respect to which there has been recorded a mortgage or a pre-notice of mortgage shall be restricted in the proportion of 120 for every hundred (120 %) of the principal amount of the loan, provided that the total sum of the abovementioned claims of the Bank of any kind, as arising from the loan, do not exceed (including amounts already paid) an amount that is double the initial principal, and shall be restricted to the sum that is double the amount of the due principal of the loan if the total amount of the claims is greater than double, at the time when the present article enters into force and the loan becomes, if it has not already so become, payable and due in full as from that date. In the event that there is a recorded mortgage or pre-notice of mortgage on more than one agricultural immovable property, of a natural person, or of a third natural person, the mortgage or pre-notice of mortgage shall be limited by the Bank to the immovable property or properties which secure its claim up to the above maximum figures and preferably to the immovable property or properties which do not constitute the first residence and/or the main stock of agricultural equipment of the farmer or that third party’, be classified as State aid within the meaning of Article 107(1) TFEU?










2.


Is the above provision in Article 70(1) of Law 4235/2014 compatible with the internal market, within the meaning of Article 107(2) TFEU?










3.


Can the above provision in Article 70(1) of Law 4235/2014 be considered to be compatible with the internal market, within the meaning of Article 107(3) TFEU?