Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 10 May 2017 — Gert Teglgaard, Fløjstrupgård I/S v Fødevareministeriets Klagecenter
(Case C-239/17)
Language of the case: Danish
Referring court
Østre Landsret
Parties to the main proceedings
Applicant: Gert Teglgaard, Fløjstrupgård I/S
Defendant: Fødevareministeriets Klagecenter
Questions referred
1. In a situation where a farmer does not comply with the statutory management requirements and the good agricultural and environmental conditions in a calendar year, and a reduction is therefore to be applied to the farmer’s direct payments: see Article 6(1) of Council Regulation No 1782/2003, 1 read in conjunction with Article 66(1) of Commission Regulation No 796/2004, 2 is the aid reduction then to be calculated on the basis of the farmer’s direct payments:
(a) in the calendar year in which the non-compliance occurs, or
(b) in the (subsequent) calendar year of the determination/finding of the non-compliance?
2. Is the result the same under the subsequent rules set out in Article 23(1) of Council Regulation No 73/2009, 3 read in conjunction with Article 70(4) and 8(a) of Commission Regulation No 1122/2009? 4
3. In a situation where a farmer does not comply with the statutory management requirements and the good agricultural and environmental conditions in 2007 and 2008, but the non-compliance is first determined/found in 2011, is it then Council Regulation No 1782/2003, read in conjunction with Commission Regulation No 796/2004, that applies in the calculation of the aid reduction, or is it Council Regulation No 73/2009, read in conjunction with Commission Regulation No 1122/2009, that applies?
____________1 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) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270, 2003, p. 1).
2 Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ L 141, 2004, p. 18).
3 Council Regulation (EC) No 73/2009 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, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 2009, p. 16).
4 Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (OJ L 316, 2009, p. 65).