Keywords
Summary

Keywords

1 Preliminary rulings - Reference to the Court - National court or tribunal within the meaning of Article 177 of the Treaty - Definition - Body having jurisdiction in cases relating to agricultural aid

(EC Treaty, Art. 177)

2 Agriculture - Common agricultural policy - Structural reform - Improving the efficiency of agricultural structures - Less-favoured areas system - Compensatory allowance for permanent natural handicaps - Grant not subject to the condition of residence on the farm - National legislation laying down a further residence requirement and, where that is not complied with, conditions relating to activity - Breach of the principles of equal treatment or legal certainty - None

(Council Regulation No 2328/91, Arts 17 and 18; Council Directive 75/268, Art. 1)

Summary

1 In order to determine whether a body is a court or tribunal for the purposes of Article 177 of the Treaty, which is a question governed by Community law alone, account must be taken of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether procedure before it is inter partes, whether it applies rules of law, and whether it is independent. The Finnish Rural Businesses Appeals Board satisfies those conditions, since it is established by law and composed of members appointed by public authority and enjoying the same guarantees as judges against removal from office; it has jurisdiction by law in respect of aid for rural activities, gives legal rulings in accordance with the applicable rules and the general rules of procedure, and, under certain conditions, an appeal lies against its decision to the Supreme Administrative Court.

2 It is not contrary to Articles 17 and 18 of Regulation No 2328/91 on improving the efficiency of agricultural structures or to Article 1 of Directive 75/268 on mountain and hill farming and farming in certain less-favoured areas to grant a compensatory allowance for permanent natural handicaps to a farmer whose home is not on the farm. A farmer achieves the essential objective of the Community legislation, which is to support the continuation of farming in less-favoured areas, where he keeps his farm running, and the objective of maintaining population levels, to which the continuation of farming undoubtedly contributes, cannot of itself imply a requirement of permanent residence.

However, Article 18(3) of the regulation expressly authorises the Member States to lay down additional or limiting conditions for the grant of the compensatory allowance. In view of that discretion, it is not contrary either to the principle of equal treatment or to that of legal certainty for a farmer claiming the compensatory allowance who does not live on his farm but more than 12 kilometres by road from its operational centre to be required to work the farm himself and to derive at least 50% of his income from farming or similar activities and, in addition, to establish the existence of special grounds.