CELEX: 62016CN0227
Language: en
Date: 2016-04-22 00:00:00
Title: Case C-227/16: Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden, sitting in Arnhem (Netherlands) lodged on 22 April 2016 — Jan Theodorus Arts v Veevoederbedrijf Alpuro BV

1.8.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 279/10
            
         Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden, sitting in Arnhem (Netherlands) lodged on 22 April 2016 — Jan Theodorus Arts v Veevoederbedrijf Alpuro BV
   (Case C-227/16)
   (2016/C 279/15)
   Language of the case: Dutch
   
      Referring court
   
   Gerechtshof Arnhem-Leeuwarden, sitting in Arnhem
   
      Parties to the main proceedings
   
   
      Appellant: Jan Theodorus Arts
   
      Respondent: Veevoederbedrijf Alpuro BV
   
      Questions referred
   
   
               1.
            
            
               Is a set of clauses in an agreement between a calf fattener and an integration undertaking, …, from which it follows that the single payment allocated to the calf fattener pursuant to Council Regulation (EC) No 73/2009 (1) of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers is payable to the integration undertaking by means of a deduction from the price for the fattened calves, valid, given the objectives of that regulation, in particular the objective of ensuring a fair standard of living for farmers by means of direct income support and the promotion of public health, animal health, the environment and animal welfare?
            
         
               2.
            
            
               If Question 1 is answered in the negative: does the national court, given the conflict which exists with the objectives of Regulation No 73/2009, have the power to modify the agreement on the basis of the clausula rebus sic stantibus doctrine in such a way that the disadvantage resulting from the nullity of that set of clauses is fully or partially eliminated for the integration undertaking, in particular by lowering the price for fattened calves?
            
         
      (1)  Regulation establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).