CELEX: 62020CA0238
Language: en
Date: 2022-01-27 00:00:00
Title: Case C-238/20: Judgment of the Court (Third Chamber) of 27 January 2022 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘Sātiņi-S’ SIA (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 17 — Right to property — Directive 2009/147/EC — Compensation for the damage caused to aquaculture by protected wild birds in a Natura 2000 area — Compensation less than the damage actually suffered — Article 107(1) TFEU — State aid — Concept of ‘advantage’ — Conditions — Regulation (EU) No 717/2014 — De minimis rule)

14.3.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 119/11
            
         
      Judgment of the Court (Third Chamber) of 27 January 2022 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘Sātiņi-S’ SIA
      (Case C-238/20) (1)
      
      (Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Article 17 - Right to property - Directive 2009/147/EC - Compensation for the damage caused to aquaculture by protected wild birds in a Natura 2000 area - Compensation less than the damage actually suffered - Article 107(1) TFEU - State aid - Concept of ‘advantage’ - Conditions - Regulation (EU) No 717/2014 - De minimis rule)
      (2022/C 119/14)
      Language of the case: Latvian
      
         Referring court
      
      Augstākā tiesa (Senāts)
      
         Parties to the main proceedings
      
      
         Applicant:‘Sātiņi-S’ SIA
      
         Intervening party: Dabas aizsardzības pārvalde
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 17 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding the compensation granted by a Member State for the losses suffered by an economic operator as a result of the protective measures applicable in a Natura 2000 area under Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds being significantly less than the damage actually incurred by that operator;
               
            
                  2.
               
               
                  Article 107(1) TFEU must be interpreted as meaning that compensation granted by a Member State for the losses suffered by an economic operator as a result of the protective measures applicable in a Natura 2000 network area under Directive 2009/147 confers an advantage capable of constituting ‘State aid’ for the purposes of that provision, where the other conditions relating to such a classification are satisfied;
               
            
                  3.
               
               
                  Article 3(2) of Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 [TFEU] to de minimis aid in the fishery and aquaculture sector must be interpreted as meaning that, in a case where the compensation such as that described in point 2 of this operative part fulfils the conditions of Article 107(1) TFEU, the de minimis ceiling of EUR 30 000, provided for in that Article 3(2) of Regulation No 717/2014, is applicable to that compensation.
               
            
         (1)  OJ C 262, 10.8.2020.