Piscicola Tulcea ( - - Judgment) French Text [2021] EUECJ C-294/19 (29 April 2021)

Piscicola Tulcea ( - - Judgment) French Text [2021] EUECJ C-294/19 (29 April 2021)

Under EU law, land classified nationally as piscicultural but actually used for agricultural purposes qualifies as 'agricultural area' and 'eligible hectare' for the purposes of direct support schemes, regardless of its cadastral or registry classification. National law cannot exclude such land from EU agricultural...

Source-derived case information.

Citation
[2021] EUECJ C-294/19
Parties
Applicant: Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul Judeţean Tulcea; Respondent: SC Piscicola Tulcea SA; Applicant: Ira Invest SRL; Respondent: Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul Judeţean Tulcea
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Final Judgment by Court of Justice of the European Union
Outcome
Preliminary ruling: EU law precludes national rules excluding from direct support payments land classified as piscicultural but actually used for agriculture.
Legal Topics
Common Agricultural Policy (cap), Direct Support Schemes, Eligible Hectare, Land Use Classification, Agricultural Subsidies, Interpretation of EU Regulations
European Union Law Agricultural Law Common Agricultural Policy (cap) Direct Support Schemes Eligible Hectare Land Use Classification Agricultural Subsidies Interpretation of EU Regulations

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Parties

Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul Judeţean Tulcea

Applicant

SC Piscicola Tulcea SA

Respondent

Ira Invest SRL

Applicant

Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul Judeţean Tulcea

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Final Judgment by Court of Justice of the European Union

  1. 1 Whether land classified nationally as piscicultural but actually used for agriculture qualifies as 'agricultural area' and 'eligible hectare' under EU law for direct payment schemes.
  2. 2 Whether national law can exclude such land from EU agricultural support payments.

Ratio Decidendi

Under EU law, land classified nationally as piscicultural but actually used for agricultural purposes qualifies as 'agricultural area' and 'eligible hectare' for the purposes of direct support schemes, regardless of its cadastral or registry classification. National law cannot exclude such land from EU agricultural support payments solely on the basis of its formal classification if actual agricultural use is established.

Court Disposition

Preliminary ruling: EU law precludes national rules excluding from direct support payments land classified as piscicultural but actually used for agriculture.

Orders

  • Article 2(h) and Article 34(2) of Regulation (EC) No 73/2009 and Article 4(1)(e) and Article 32(2) of Regulation (EU) No 1307/2013 must be interpreted as meaning that land classified nationally as piscicultural but actually used for agriculture is 'agricultural area' for EU support purposes.