Case C-169/22, Groenland Poultry: Judgment of the Court (Sixth Chamber) of 7 September 2023 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Fractal Insolvenţă SPRL, acting as liquidator of Groenland Poultry SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură — Centrul Judeţean Dâmboviţa (Reference for a preliminary ruling — Common agricultural policy — European Agricultural Fund for Rural Development (EAFRD) — Rural development support measures — Animal welfare payments — Regulation (EC) No 1974/2006 — Article 44(1) and (2)(a) — Article 47(1) — Transfer of an agricultural holding to a new beneficiary — Subsequent cessation, by that beneficiary, of agricultural activities — ‘Force majeure or exceptional circumstances’ — Obligation to reimburse all or part of the aid received — Principle of proportionality)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: EAFRD, agricultural holding, aid to agriculture, financial aid, lease, principle of proportionality, reimbursement of aid, rural development, transfer of businesses








C_202300195EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/195


23.10.2023





Judgment of the Court (Sixth Chamber) of 7 September 2023 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Fractal Insolvenţă SPRL, acting as liquidator of Groenland Poultry SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură — Centrul Judeţean Dâmboviţa
(Case C-169/22, (1) Groenland Poultry)
(Reference for a preliminary ruling - Common agricultural policy - European Agricultural Fund for Rural Development (EAFRD) - Rural development support measures - Animal welfare payments - Regulation (EC) No 1974/2006 - Article 44(1) and (2)(a) - Article 47(1) - Transfer of an agricultural holding to a new beneficiary - Subsequent cessation, by that beneficiary, of agricultural activities - ‘Force majeure or exceptional circumstances’ - Obligation to reimburse all or part of the aid received - Principle of proportionality)
(C/2023/195)
Language of the case: Romanian

Referring court

Curtea de Apel Bucureşti

Parties to the main proceedings


Appellant: Fractal Insolvenţă SPRL, acting as liquidator of Groenland Poultry SRL

Respondent: Agenţia de Plăţi şi Intervenţie pentru Agricultură — Centrul Judeţean Dâmboviţa

Operative part of the judgment







1.


Article 47(1) of Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended by Commission Implementing Regulation (EU) No 679/2011 of 14 July 2011,
must be interpreted as meaning that the loss of the right to use leased assets on account of the termination of the lease on those assets as a result of the lessor, which was subject to insolvency proceedings when that lease was concluded, being wound up, does not constitute a case of ‘force majeure or exceptional circumstances’, within the meaning of that provision.










2.


Article 44(1) and (2)(a) of Regulation No 1974/2006, as amended by Implementing Regulation No 679/2011, read in the light of the principle of proportionality,
must be interpreted as meaning that, where, during the period for which a commitment given as a condition for the grant of assistance runs, the holding of a beneficiary is transferred to another person who voluntarily takes over that commitment and who, subsequently, definitively ceases agricultural activities, that last beneficiary of the aid must reimburse the aid received in relation to the whole of that commitment, including the amounts received by the previous beneficiaries of that aid, unless the Member State concerned has chosen not to require that reimbursement under the exception provided for in that Article 44(2)(a) and the conditions for that exception are fulfilled.






(1)  
            OJ C 222, 7.6.2022.


ELI: http://data.europa.eu/eli/C/2023/195/oj
ISSN 1977-091X (electronic edition)