Request for a preliminary ruling from the Bundesverwaltungsgericht (Austria) lodged on 25 November 2022 — IJ and PO GesbR, IJ v Agrarmarkt Austria

(Case C-731/22)

(2023/C 94/19)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicants: IJ and PO GesbR, IJ

Defendant Authority: Agrarmarkt Austria

Question referred

Is Article 4(1), (b) and (c), read in conjunction with Article 33(1) of Regulation 1307/2013 (1) to be interpreted as meaning that an area is to be regarded as being managed by, and at the disposal of, the farmer if, although that area is owned by the farmer and the farmer also carries out the initial soil cultivation and crop cultivation, as well as the ongoing irrigation of the crop cultures, the area is divided into parcels of different sizes and handed over — from the beginning of the season in April/early May until the end of the season in October — to various users for maintenance and harvesting in consideration for a fixed fee, but without the farmer being entitled to a direct share in the success of the harvest?

(1)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608).