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39 records in EU in 2022

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Record· CJCELEX 62021CJ0578_INFdecided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0578decided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Report· CCCELEX 62021CC0688decided

Opinion of Advocate General Szpunar delivered on 27 October 2022.#Confédération paysanne and Others v Premier ministre and Ministre de l'Agriculture et de l'Alimentation.#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Environment – Deliberate release of genetically modified organisms – Directive 2001/18/EC – Article 3(1) – Point 1 of Annex I B – Scope – Exemptions – Techniques/methods of genetic modification which have conventionally been used and have a long safety record – In vitro random mutagenesis.#Case C-688/21.

European Union · Court of Justice of the European Union · 27 October 2022

Report· DCCELEX 52022DC0419open

REPORT FROM THE COMMISSION TO THE COUNCIL 2016-2020 report on the implementation of the long-term national aid scheme for agriculture in the northern regions of Finland and Sweden pursuant to Decision C(2009) 3067, as amended by Decision C(2009) 9122, Decision C(2013) 2809 and Decision C(2015) 2790, and Decision (EU) 2018/672 concerning Finland and to Decision C(2010) 6050 and Decision (EU) 2018/479 concerning Sweden

European Union · European Commission · 31 August 2022

Record· CJCELEX 62021CJ0319_SUMdecided

Judgment of the Court (Eighth Chamber) of 1 August 2022.#Agecontrol SpA v ZR and Lidl Italia Srl.#Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 1234/2007 – Packed fresh fruit and vegetables – Commission Implementing Regulation (EU) No 543/2011 – Conformity check – Transport to a point of sale of the same company – Accompanying document – Indication of country of origin.#Case C-319/21.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62021CJ0319decided

Judgment of the Court (Eighth Chamber) of 1 August 2022.#Agecontrol SpA v ZR and Lidl Italia Srl.#Request for a preliminary ruling from the Corte d'appello di Venezia.#Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 1234/2007 – Packed fresh fruit and vegetables – Commission Implementing Regulation (EU) No 543/2011 – Conformity check – Transport to a point of sale of the same company – Accompanying document – Indication of country of origin.#Case C-319/21.

European Union · Court of Justice of the European Union · 1 August 2022

Record· CJCELEX 62021CJ0036_SUMdecided

Judgment of the Court (Third Chamber) of 14 July 2022.#Sense Visuele Communicatie en Handel vof v Minister van Landbouw, Natuur en Voedselkwaliteit.#Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Direct support schemes – Common rules – Article 30(6) and Article 50(2) – Application for payment entitlements from the national reserve for young farmers – National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ – Principle of the protection of legitimate expectations – Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations.#Case C-36/21.

European Union · Court of Justice of the European Union · 14 July 2022

Record· CJCELEX 62021CJ0036decided

Judgment of the Court (Third Chamber) of 14 July 2022.#Sense Visuele Communicatie en Handel vof v Minister van Landbouw, Natuur en Voedselkwaliteit.#Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven.#Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Direct support schemes – Common rules – Article 30(6) and Article 50(2) – Application for payment entitlements from the national reserve for young farmers – National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ – Principle of the protection of legitimate expectations – Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations.#Case C-36/21.

European Union · Court of Justice of the European Union · 14 July 2022

Record· TJCELEX 62020TJ0150_RESdecided

Judgment of the General Court (Third Chamber) of 13 July 2022.#Tartu Agro AS v European Commission.#State aid – Agriculture – Lease contract for agricultural land in Estonia – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Determination of the market price – Private operator principle – Complex economic assessments – Judicial review – Taking into account of all relevant factors – Duty of diligence.#Case T-150/20.

European Union · Court of Justice of the European Union · 13 July 2022

Record· TJCELEX 62020TJ0150decided

Judgment of the General Court (Third Chamber) of 13 July 2022.#Tartu Agro AS v European Commission.#State aid – Agriculture – Lease contract for agricultural land in Estonia – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Determination of the market price – Private operator principle – Complex economic assessments – Judicial review – Taking into account of all relevant factors – Duty of diligence.#Case T-150/20.

European Union · Court of Justice of the European Union · 13 July 2022

Record· CJCELEX 62021CJ0024_SUMdecided

Judgment of the Court (Second Chamber) of 7 July 2022.#PH v Regione Autonoma Friuli Venezia Giulia and Direzione centrale risorse agroalimentari, forestali e ittiche - Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia.#Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize.#Case C-24/21.

European Union · Court of Justice of the European Union · 7 July 2022

Record· CJCELEX 62021CJ0024decided

Judgment of the Court (Second Chamber) of 7 July 2022.#PH v Regione Autonoma Friuli Venezia Giulia and Direzione centrale risorse agroalimentari, forestali e ittiche - Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia.#Request for a preliminary ruling from the Tribunale ordinario di Pordenone.#Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize.#Case C-24/21.

European Union · Court of Justice of the European Union · 7 July 2022

Record· CJCELEX 62021CJ0189_SUMdecided

Judgment of the Court (Tenth Chamber) of 5 May 2022.#R. en R. v Minister van Landbouw, Natuur en Voedselkwaliteit.#Reference for a preliminary ruling – Common agricultural policy (CAP) – Regulation (EU) No 1306/2013 – Annex II – Statutory management requirement 10 – Regulation (EU) No 1107/2009 – Article 55, first paragraph and first sentence of second paragraph – Direct support schemes – Common rules – Reduction or exclusion of support received under the CAP in whole or in part – Non-compliance with the cross-compliance rules – Use of a plant protection product which is not or is no longer authorised in the Member State concerned and, in the latter scenario, the use-by date of which has expired.#Case C-189/21.

European Union · Court of Justice of the European Union · 5 May 2022

Record· CJCELEX 62021CJ0189decided

Judgment of the Court (Tenth Chamber) of 5 May 2022.#R. en R. v Minister van Landbouw, Natuur en Voedselkwaliteit.#Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven.#Reference for a preliminary ruling – Common agricultural policy (CAP) – Regulation (EU) No 1306/2013 – Annex II – Statutory management requirement 10 – Regulation (EU) No 1107/2009 – Article 55, first paragraph and first sentence of second paragraph – Direct support schemes – Common rules – Reduction or exclusion of support received under the CAP in whole or in part – Non-compliance with the cross-compliance rules – Use of a plant protection product which is not or is no longer authorised in the Member State concerned and, in the latter scenario, the use-by date of which has expired.#Case C-189/21.

European Union · Court of Justice of the European Union · 5 May 2022

Record· CJCELEX 62021CJ0251_SUMdecided

Judgment of the Court (Seventh Chamber) of 28 April 2022.#'Piltenes meži' SIA v Lauku atbalsta dienests.#Reference for a preliminary ruling – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Support for rural development by the EAFRD – Article 30 – Natura 2000 payments – Scope – Application for aid in respect of a micro-reserve created in a forest that is not part of the Natura 2000 network, with the purpose of protecting a species of wild bird – Regulation (EU) No 702/2014 – Block exemption for certain types of aid to the agriculture and forestry sectors – Application to aid co-financed by means of EU resources – No application to undertakings in difficulty.#Case C-251/21.

European Union · Court of Justice of the European Union · 28 April 2022

Record· CJCELEX 62021CJ0251decided

Judgment of the Court (Seventh Chamber) of 28 April 2022.#'Piltenes meži' SIA v Lauku atbalsta dienests.#Request for a preliminary ruling from the Augstākā tiesa (Senāts).#Reference for a preliminary ruling – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Support for rural development by the EAFRD – Article 30 – Natura 2000 payments – Scope – Application for aid in respect of a micro-reserve created in a forest that is not part of the Natura 2000 network, with the purpose of protecting a species of wild bird – Regulation (EU) No 702/2014 – Block exemption for certain types of aid to the agriculture and forestry sectors – Application to aid co-financed by means of EU resources – No application to undertakings in difficulty.#Case C-251/21.

European Union · Court of Justice of the European Union · 28 April 2022

Question· QUESTION_WRITTENE-9-2022-001498answered

Octopus farming in the EU

European Union · European Parliament · 20 April 2022

Record· CJCELEX 62020CJ0116_SUMdecided

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EC) No 73/2009 – Article 2(c) – Concept of ‘agricultural activity’ – Article 35 – Regulation (EC) No 1122/2009 – National legislation requiring the production of a legal document establishing the right to use the agricultural parcel made available to the farmer under a concession contract and making the validity of such a contract conditional on the future concessionaire having the status of breeder or owner of animals – Concessionaire of an area of pastureland who has concluded a cooperation contract with animal breeders – Res judicata.#Case C-116/20.

European Union · Court of Justice of the European Union · 7 April 2022

Record· CJCELEX 62020CJ0176_SUMdecided

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EU) No 1307/2013 – Article 4(1)(a) and (c) and Article 4(2)(b) – National legislation making direct support conditional on the farmer keeping his own animals – Article 9(1) – Concept of ‘active farmer’ – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’.#Case C-176/20.

European Union · Court of Justice of the European Union · 7 April 2022

Record· CJCELEX 62020CJ0116decided

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Request for a preliminary ruling from the Curtea de Apel Timişoara.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EC) No 73/2009 – Article 2(c) – Concept of ‘agricultural activity’ – Article 35 – Regulation (EC) No 1122/2009 – National legislation requiring the production of a legal document establishing the right to use the agricultural parcel made available to the farmer under a concession contract and making the validity of such a contract conditional on the future concessionaire having the status of breeder or owner of animals – Concessionaire of an area of pastureland who has concluded a cooperation contract with animal breeders – Res judicata.#Case C-116/20.

European Union · Court of Justice of the European Union · 7 April 2022

Record· CJCELEX 62020CJ0176decided

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Request for a preliminary ruling from the Curtea de Apel Alba Iulia.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EU) No 1307/2013 – Article 4(1)(a) and (c) and Article 4(2)(b) – National legislation making direct support conditional on the farmer keeping his own animals – Article 9(1) – Concept of ‘active farmer’ – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’.#Case C-176/20.

European Union · Court of Justice of the European Union · 7 April 2022

Record· CJCELEX 62020CJ0697decided

Judgment of the Court (Sixth Chamber) of 24 March 2022.#W.G. v Dyrektor Izby Skarbowej w L.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable person – Articles 295 and 296 – Flat-rate scheme for farmers – Spouses engaged in an agricultural activity using property forming part of the marital community of property – Possibility for those spouses to be regarded as separate taxable persons for VAT purposes – Choice on the part of one of the spouses to give up flat-rate farmer status and to bring her activity under the normal VAT arrangements – Loss of flat-rate farmer status for the other spouse.#Case C-697/20.

European Union · Court of Justice of the European Union · 24 March 2022

Report· CCCELEX 62021CC0036decided

Opinion of Advocate General Medina delivered on 24 February 2022.#Sense Visuele Communicatie en Handel vof v Minister van Landbouw, Natuur en Voedselkwaliteit.#Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven.#Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Direct support schemes – Common rules – Article 30(6) and Article 50(2) – Application for payment entitlements from the national reserve for young farmers – National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ – Principle of the protection of legitimate expectations – Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations.#Case C-36/21.

European Union · Court of Justice of the European Union · 24 February 2022

Record· CJCELEX 62020CJ0564_SUMdecided

Решение на Съда (шести състав) от 10 февруари 2022 г.#PF и MF срещу Minister for Agriculture Food and the Marine и Sea Fisheries Protection Authority(SFPA).#Преюдициално запитване — Обща политика в областта на рибарството — Регламент (ЕО) № 1224/2009 — Система за контрол — Член 33, параграф 2, буква а) и член 34 — Записване на улова и риболовното усилие — Предоставяне на Европейската комисия на информация относно уловените количества норвежки омар — Възможност за използване на данни, различни от съдържащите се в риболовния дневник — Разумен и научно обоснован метод за обработка и проверка на данните — Забрана на риболовните дейности.#Дело C-564/20.

European Union · Court of Justice of the European Union · 10 February 2022

Record· CJCELEX 62020CJ0564decided

Judgment of the Court (Sixth Chamber) of 10 February 2022.#PF and MF v Minister for Agriculture Food and the Marine and Sea Fisheries Protection Authority (SFPA).#Request for a preliminary ruling from the Supreme Court.#Reference for a preliminary ruling – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system – Article 33(2)(a) and Article 34 – Recording of catches and fishing effort – Transmission to the European Commission of information concerning the quantities of nephrops caught – Possibility to use data other than those contained in the fishing logbook – Reasonable and scientifically valid method to process and verify data – Closure of fisheries.#Case C-564/20.

European Union · Court of Justice of the European Union · 10 February 2022