Case C‑561/13

Hoštická a.s. and Others

v

Česká republika — Ministerstvo zemědělství

(Request for a preliminary ruling from the Obvodní soud pro Prahu 1)

‛Reference for a preliminary ruling — Common agricultural policy — Support schemes — Establishment of support schemes in the new Member States — Regulation (EC) No 1782/2003 — Article 143ba — Regulation (EC) No 73/2009 — Article 126 — Separate sugar payment — Decoupling of that payment from production — Meaning of ‘the criteria adopted by the relevant Member States in 2006 and 2007’ — Representative period’

Summary — Judgment of the Court (Ninth Chamber), 15 October 2014

1. EU law — Interpretation — Methods — Literal, systematic and teleological interpretation

2. Agriculture — Common agricultural policy — Direct support schemes — Common rules — Single payment scheme by area — Separate sugar payment — Calculation of the amount of the payment — Application of criteria set by the Member State concerned for the marketing year chosen before 30 April 2006 as the representative period for the grant of the separate sugar payment

   (Council Regulation No 1782/2003, as amended by Regulations No 319/2006, No 2011/2006 and No 2012/2006, Arts 1(2)(g), and 143(a)(1) and No 73/2009, Art. 126(1))

1.  See the text of the decision.

   (see para. 29)

2.  Article 126(1) of Regulation No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations No 1290/2005, No 247/2006, No 378/2007 and repealing Regulation No 1782/2003 must be interpreted as meaning that the concept of ‘the criteria adopted by the relevant Member States in 2006 and 2007’ includes the marketing year which the Member States must choose before 30 April 2006 as the representative period for the grant of the separate sugar payment, under Article 143ba(1) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations No 2019/93, No 1452/2001, No 1453/2001, No 1454/2001, No 1868/94, No 1251/1999, No 1254/1999, No 1673/2000, No 2358/71 and No 2529/2001, as amended by Regulations No 319/2006, No 2011/2006 and No 2012/2006.

   Having regard to the purpose of the single sugar payment, which is to compensate for reductions in income, brought about by the reform of the sugar common market organisation, Articles 143ba of Regulation No 1782/2003 and 126 of Regulation No 73/2009 must be regarded as having the objective of supporting farmers who benefited from the sugar market support measures before the reform in 2006. In that regard, Article 143ba(1) of Regulation No 1782/2003 expressly refers to the marketing years 2004/2005, 2005/2006 and 2006/2007 as the periods amongst which the Member States could choose to determine the reference period for the grant of the separate sugar payment. Furthermore, that representative period had to be definitively determined before 30 April 2006 by the Member State concerned. In that regard, it is clear that those marketing years are representative of a period during which farmers benefited from the Community institutional sugar support price. In those circumstances, Article 126(1) of Regulation No 73/2009 cannot be interpreted as referring, for the grant of the separate sugar payment, to a representative period which is not one of the marketing years listed in Article 143ba(1) of Regulation No 1782/2003, and which had to be definitively determined before 30 April 2006 by the Member State concerned pursuant to that provision.

   (see paras 32, 34, 35, 37, 38, operative part)

Case C‑561/13

Hoštická a.s. and Others

v

Česká republika — Ministerstvo zemědělství

(Request for a preliminary ruling from the Obvodní soud pro Prahu 1)

‛Reference for a preliminary ruling — Common agricultural policy — Support schemes — Establishment of support schemes in the new Member States — Regulation (EC) No 1782/2003 — Article 143ba — Regulation (EC) No 73/2009 — Article 126 — Separate sugar payment — Decoupling of that payment from production — Meaning of ‘the criteria adopted by the relevant Member States in 2006 and 2007’ — Representative period’

Summary — Judgment of the Court (Ninth Chamber), 15 October 2014

1. EU law — Interpretation — Methods — Literal, systematic and teleological interpretation

2. Agriculture — Common agricultural policy — Direct support schemes — Common rules — Single payment scheme by area — Separate sugar payment — Calculation of the amount of the payment — Application of criteria set by the Member State concerned for the marketing year chosen before 30 April 2006 as the representative period for the grant of the separate sugar payment

   (Council Regulation No 1782/2003, as amended by Regulations No 319/2006, No 2011/2006 and No 2012/2006, Arts 1(2)(g), and 143(a)(1) and No 73/2009, Art. 126(1))

1.  See the text of the decision.

   (see para. 29)

2.  Article 126(1) of Regulation No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations No 1290/2005, No 247/2006, No 378/2007 and repealing Regulation No 1782/2003 must be interpreted as meaning that the concept of ‘the criteria adopted by the relevant Member States in 2006 and 2007’ includes the marketing year which the Member States must choose before 30 April 2006 as the representative period for the grant of the separate sugar payment, under Article 143ba(1) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations No 2019/93, No 1452/2001, No 1453/2001, No 1454/2001, No 1868/94, No 1251/1999, No 1254/1999, No 1673/2000, No 2358/71 and No 2529/2001, as amended by Regulations No 319/2006, No 2011/2006 and No 2012/2006.

   Having regard to the purpose of the single sugar payment, which is to compensate for reductions in income, brought about by the reform of the sugar common market organisation, Articles 143ba of Regulation No 1782/2003 and 126 of Regulation No 73/2009 must be regarded as having the objective of supporting farmers who benefited from the sugar market support measures before the reform in 2006. In that regard, Article 143ba(1) of Regulation No 1782/2003 expressly refers to the marketing years 2004/2005, 2005/2006 and 2006/2007 as the periods amongst which the Member States could choose to determine the reference period for the grant of the separate sugar payment. Furthermore, that representative period had to be definitively determined before 30 April 2006 by the Member State concerned. In that regard, it is clear that those marketing years are representative of a period during which farmers benefited from the Community institutional sugar support price. In those circumstances, Article 126(1) of Regulation No 73/2009 cannot be interpreted as referring, for the grant of the separate sugar payment, to a representative period which is not one of the marketing years listed in Article 143ba(1) of Regulation No 1782/2003, and which had to be definitively determined before 30 April 2006 by the Member State concerned pursuant to that provision.

   (see paras 32, 34, 35, 37, 38, operative part)