ECJ 1. Neither Articles 13 and 15 of Regulation No 3567/92 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Regulation No 3013/89 on the common organization of the market in sheepmeat and goatmeat nor Articles 39 and 55 of Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organization of the market in beef and repealing Regulations No 1244/82 and No 714/89, nor any general principle of Community law require Member States to introduce a mechanism for compensating detriment caused to owners of agricultural land by the introduction of a system of premium rights linked to producers of sheepmeat, goatmeat or beef and veal, even where premium rights are transferred by producers who do not own the land on which they farm.
No such obligation can, in particular, be derived from the principle of protection of the right to property because, even if it has an adverse impact on the capital value of land as a result of the transfer of premium rights by producers who do not own the land on which they farm, the introduction of a system of premium rights linked to producers does not impair the right to property inasmuch as advantages allocated under a common market organization cannot be regarded as a right derived from the assets or occupational activity of the persons concerned, the attribution or transfer of which should be accompanied by an obligation to pay compensation on the part of one of the parties to a lease.
2. Neither Articles 13 and 15 of Commission Regulation No 3567/92 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Regulation No 3013/89 on the common organization of the market in sheepmeat and goatmeat nor Articles 39 and 55 of Commission Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organization of the market in beef, which confine the power granted to the Member States to adopting measures for resolving problems arising in contractual relationships which were in existence when the regulations entered into force, are inconsistent with the Council regulations, Regulations No 3013/89 and No 805/68 respectively, which they implement and which contain no such limitation.
Where contractual relations are concluded after the regulations entered into force, the parties may take into account the consequences of the said premium systems and make contractual provision for any resultant problems.
JC Moitinho de Almeida R
[1996] 2 EGLR 1, C-38/94, [1995] EUECJ C-38/94, [1996] 36 EG 143, [1995] ECR I-3875, [1996] 2 CMLR 193
Bailii
European
Agriculture
Leading Case
Updated: 02 November 2021; Ref: scu.161282
