Jokela (Agriculture) [1998] EUECJ C-9/97 (22 October 1998)

Jokela (Agriculture) [1998] EUECJ C-9/97 (22 October 1998)

It is not contrary to Articles 17 and 18 of Regulation No 2328/91 or Article 1 of Directive 75/268/EEC to grant a compensatory allowance to a farmer whose home is not on the farm. National rules requiring residence within 12 km of the farm, or alternatively requiring the farmer to work the farm, derive at least 50% of income from farming, and establish special grounds, are not contrary to the principles of equal treatment or legal certainty, provided they are objectively justified and within the discretion allowed by EU law.

Citation
[1998] EUECJ C-9/97
Parties
Applicant: Mrs Jokela; Applicant: Laura Pitkäranta (represented by Anne Pitkäranta); Referring Court: Maaseutuelinkeinojen Valituslautakunta (Rural Businesses Appeals Board); Intervener: Finnish Government; Intervener: French Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
22 October 1998
Procedural Posture
Preliminary Ruling (joined Cases C 9/97 and C 118/97) / Judgment on Reference for Preliminary Ruling
Outcome
Questions answered; national rules not contrary to EU law as interpreted.
Legal Topics
Compensatory Allowance, Less Favoured Agricultural Areas, Interpretation of EU Regulations and Directives, Principle of Equal Treatment, Principle of Legal Certainty, Residence Requirements for Agricultural Aid
European Union Law Agricultural Law Administrative Law Compensatory Allowance Less Favoured Agricultural Areas Interpretation of EU Regulations and Directives Principle of Equal Treatment Principle of Legal Certainty +1 more

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Parties

Mrs Jokela

Applicant

Laura Pitkäranta (represented by Anne Pitkäranta)

Applicant

Maaseutuelinkeinojen Valituslautakunta (Rural Businesses Appeals Board)

Referring Court

Finnish Government

Intervener

French Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (joined Cases C 9/97 and C 118/97) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether EU law precludes national rules requiring residence on or near a farm for compensatory allowance eligibility
  2. 2 Whether additional conditions (working the farm, deriving income, special grounds) are compatible with EU law and principles of equal treatment and legal certainty
  3. 3 Whether exclusion of certain applicants (living abroad, minors not working farm) is contrary to EU law

Ratio Decidendi

It is not contrary to Articles 17 and 18 of Regulation No 2328/91 or Article 1 of Directive 75/268/EEC to grant a compensatory allowance to a farmer whose home is not on the farm. National rules requiring residence within 12 km of the farm, or alternatively requiring the farmer to work the farm, derive at least 50% of income from farming, and establish special grounds, are not contrary to the principles of equal treatment or legal certainty, provided they are objectively justified and within the discretion allowed by EU law.

Court Disposition

Questions answered; national rules not contrary to EU law as interpreted.

Orders

  • It is not contrary to Articles 17 and 18 of Council Regulation (EEC) No 2328/91 or Article 1 of Council Directive 75/268/EEC to grant a compensatory allowance for permanent natural handicaps to a farmer whose home is not on the farm.
  • It is not contrary to the principle of equal treatment or legal certainty for a farmer who does not live on the farm but more than 12 km away to be required to work the farm, derive at least 50% of income from farming or similar activities, and establish special grounds.