van Dijk (Agriculture) [2010] EUECJ C-470/08 (21 January 2010)

van Dijk (Agriculture) [2010] EUECJ C-470/08 (21 January 2010)

EU law does not require a lessee, upon expiry of an agricultural lease, to deliver to the lessor the leased land together with payment entitlements accumulated thereon or relating thereto, nor to pay compensation, as payment entitlements are attributed to the farmer and not inherently linked to the land or lessor.

Citation
[2010] EUECJ C-470/08
Parties
Appellant/lessee: Mr van Dijk; Respondent/lessor: Gemeente Kampen (Commune of Kampen)
Jurisdiction
European Union
Judgment Date
21 January 2010
Procedural Posture
Reference for Preliminary Ruling / Judgment on Preliminary Reference
Outcome
Reference answered; EU law does not require transfer or compensation of payment entitlements to lessor upon lease expiry.
Legal Topics
Single Payment Scheme, Payment Entitlements, Agricultural Lease, Unjust Enrichment, Direct Support Schemes
European Union Law Agricultural Law Single Payment Scheme Payment Entitlements Agricultural Lease Unjust Enrichment Direct Support Schemes

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Parties

Mr van Dijk

Appellant/lessee

Gemeente Kampen (Commune of Kampen)

Respondent/lessor

Procedural Posture

Reference for Preliminary Ruling / Judgment on Preliminary Reference

Legal Issues

  1. 1 Whether EU law requires a lessee to deliver payment entitlements to the lessor upon lease expiry
  2. 2 Whether EU law requires compensation to be paid for payment entitlements upon lease expiry
  3. 3 Interpretation of Regulations No 1782/2003 and No 795/2004 regarding payment entitlements

Ratio Decidendi

EU law does not require a lessee, upon expiry of an agricultural lease, to deliver to the lessor the leased land together with payment entitlements accumulated thereon or relating thereto, nor to pay compensation, as payment entitlements are attributed to the farmer and not inherently linked to the land or lessor.

Court Disposition

Reference answered; EU law does not require transfer or compensation of payment entitlements to lessor upon lease expiry.

Orders

  • Community law does not require a lessee, on the expiry of the lease, to deliver to the lessor the leased land, including the payment entitlements accumulated thereon or relating thereto, or to pay him compensation.