Cooperatieve Producentenorganisatie en Beheersgroep Texel (European Social Fund (ESF) - Abstract) French Text [2019] EUECJ C-386/18_A (19 December 2019)

Cooperatieve Producentenorganisatie en Beheersgroep Texel (European Social Fund (ESF) - Abstract) French Text [2019] EUECJ C-386/18_A (19 December 2019)

A Member State cannot refuse to process a subsidy application from a producer organisation for costs incurred in preparing and implementing a production and marketing plan solely because, at the time of application, national law did not yet provide for such applications. Article 66(1) of Regulation (EU) No 508/2014...

Source-derived case information.

Citation
[2019] EUECJ C-386/18_A
Parties
Applicant: Coöperatieve Producentenorganisatie en Beheersgroep Texel UA; Respondent: Minister van Landbouw, Natuur en Voedselkwaliteit
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Application for preliminary ruling answered; Member State's refusal on procedural grounds not permitted; no direct right to support established; post-implementation applications may be eligible.
Legal Topics
European Social Fund, Producer Organisations, State Obligations, Eligibility for Financial Support, Implementation of EU Regulations
European Union Law Fisheries Law Administrative Law European Social Fund Producer Organisations State Obligations Eligibility for Financial Support Implementation of EU Regulations

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Parties

Coöperatieve Producentenorganisatie en Beheersgroep Texel UA

Applicant

Minister van Landbouw, Natuur en Voedselkwaliteit

Respondent

Procedural Posture

Preliminary Ruling / Judgment

  1. 1 Whether a Member State can refuse a subsidy application from a producer organisation on the ground that, at the time of application, national law did not yet provide for such applications.
  2. 2 Whether Article 66(1) of Regulation (EU) No 508/2014 creates a direct right to financial support for producer organisations.
  3. 3 Whether a subsidy can be granted when the application is submitted after the preparation and implementation of the production and marketing plan.

Ratio Decidendi

A Member State cannot refuse to process a subsidy application from a producer organisation for costs incurred in preparing and implementing a production and marketing plan solely because, at the time of application, national law did not yet provide for such applications. Article 66(1) of Regulation (EU) No 508/2014 obliges Member States to enable such applications, but does not create a direct, unconditional right to support. Applications submitted after implementation of the plan may still be eligible, as the plan is considered a continuous operation until the end of the programming period.

Court Disposition

Application for preliminary ruling answered; Member State's refusal on procedural grounds not permitted; no direct right to support established; post-implementation applications may be eligible.

Orders

  • A Member State may not refuse to process a subsidy application from a producer organisation on the ground that, at the time of application, national law did not provide for such applications.
  • Article 66(1) of Regulation (EU) No 508/2014 does not create a direct, unconditional right to financial support for producer organisations.