Pontini & Ors (Agriculture) [2010] EUECJ C-375/08 (24 June 2010)

Pontini & Ors (Agriculture) [2010] EUECJ C-375/08 (24 June 2010)

Community legislation, specifically Regulation (EC) No 1254/1999, does not require aid applications for livestock premiums to be accompanied by a valid legal document attesting to the right to use forage areas; actual use suffices. However, Member States may impose such a requirement under national law, provided it...

Source-derived case information.

Citation
[2010] EUECJ C-375/08
Parties
Defendant: Mr Pontini; Defendant: Mr Rech; Defendant: Mr Forato; Defendant: Mr Bonora; Defendant: Mr Colomberotto; Defendant: Ms Forato; Defendant: Ms Adami; Respondent: Agenzia Veneta per i Pagamenti in Agricoltura – AVEPA
Jurisdiction
European Union
Judgment Date
24 June 2010
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union
Outcome
Preliminary ruling issued; interpretation provided to national court.
Legal Topics
Common Agricultural Policy, Community Aid Schemes, Eligibility Conditions for Livestock Aid, Interpretation of Regulation (ec) No 1254/1999, National Implementation Discretion, Principle of Proportionality
European Union Law Agricultural Law Criminal Law Common Agricultural Policy Community Aid Schemes Eligibility Conditions for Livestock Aid Interpretation of Regulation (ec) No 1254/1999 National Implementation Discretion +1 more

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Parties

Mr Pontini

Defendant

Mr Rech

Defendant

Mr Forato

Defendant

Mr Bonora

Defendant

Mr Colomberotto

Defendant

Ms Forato

Defendant

Ms Adami

Defendant

Agenzia Veneta per i Pagamenti in Agricoltura – AVEPA

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union

Legal Issues

  1. 1 Whether Community legislation, specifically Regulation (EC) No 1254/1999, requires aid applications for livestock premiums to be accompanied by a valid legal document attesting to the right to use forage areas; Whether Member States may impose such a requirement under national law

Ratio Decidendi

Community legislation, specifically Regulation (EC) No 1254/1999, does not require aid applications for livestock premiums to be accompanied by a valid legal document attesting to the right to use forage areas; actual use suffices. However, Member States may impose such a requirement under national law, provided it complies with the objectives of Community legislation and the principle of proportionality.

Court Disposition

Preliminary ruling issued; interpretation provided to national court.

Orders

  • Community legislation does not require a valid legal document attesting to the right to use forage areas for eligibility for livestock aid.
  • Member States may require such a document under national law, subject to compliance with Community objectives and proportionality.