Language of document :

Reference for a preliminary ruling from the Riigikohus (Estonia) lodged on 21 May 2007 - JK Otsa Talu OÜ v Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

(Case C-241/07)

Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings

Applicant: JK Otsa Talu OÜ

Defendant: Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

Questions referred

1.     'Is it compatible with the objective of agri-environmental support laid down in Articles 22 to 24 of Council Regulation (EC) No 1257/1999 1 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations:

(a)    to give continued support only to applicants for whom, within the framework of that programme, a decision awarding agri-environmental support has already been made in the previous budgetary year, and who have entered into an environmental commitment,

or

(b)    to support in each budgetary year also new applicants who are prepared to give a commitment of environment-friendly production and accordingly organise their production to comply with the requirements?

2.    If the answer to Question 1 is variant (b), does Article 24(1) in conjunction with Article 37(4) and Article 39 of Council Regulation (EC) No 1257/1999 authorise a Member State, if in the context of the programme it becomes clear that there are no longer sufficient budgetary means for granting first-time support:

(a)    to amend the original rules and requirements for applications for and grants of agri-environmental support and determine that support may be applied for only if the applicant has been the subject of a decision granting support in the previous budgetary year and an environment-friendly production obligation is therefore in force for him,

or

(b)    to reduce proportionately the support of all applicants meeting the requirements for agri-environmental support?'

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1 - OJ L 160, 26.6.1999, p. 80.