Lessons Learned From Askos Properties Eood Judgement

Force majeure, exceptional circumstances, definition of expropriation of agricultural holding in the scope of EAFRD

Absztrakt

The main proceedings concern a farmer in Bulgaria who, under a rural development programme, undertook to maintain the lands leased through agreements concluded for five years with the municipality in good agricultural and environmental condition and engage in agricultural activities in those areas. After the amendment of national legislation, meadows or grasslands owned by municipalities or the state were to be leased exclusively to owners or users of farms with herbivorous animals based on the number and type of their declared livestock. Since the concerned party of the main proceedings failed to meet these requirements after the amendment, the municipality terminated the agreements in question. The paying agency of the member state claimed reimbursement of 50% of the amount already paid under the rural development programme. In contrast, the concerned party of the main proceedings considered that the amendment to the national legislation constituted force majeure, exceptional circumstances or expropriation of agricultural holding. The present study examines the CJEU’s decision on this matter.