Reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen (Vienna) lodged on 20 April 2011 - Peter Hehenberger v Republic of Austria

(Case C-188/11)

Language of the case: German

Referring court

Landesgericht für Zivilrechtssachen (Vienna)

Parties to the main proceedings

Applicant: Peter Hehenberger

Defendant: Republic of Austria

Question referred

Does Council Regulation (EC) No 1257/1999 ¹ in conjunction with Commission Regulation (EC) No 817/2004 ² preclude the laying down of rules by the provider of support requiring repayment by the recipient, in the event that an on the-spot check (area measurement) is prevented, of all support already given in the context of an agri-environmental measure during the commitment period, even if it has been awarded and disbursed for a number of years?

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¹ - Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ 1999 L 160, p. 80).

² - Corrigendum to Commission Regulation (EC) No 817/2004 of 29 April 2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2004 L 153, p. 30) (OJ 2004 L 231, p. 24).