Court of Justice clarifies conditions for granting agricultural de minimis aid in the absence of a central register
The Court of Justice of the EU (CJEU) has given its ruling on case Ambito territoriale di caccia Ancona 2 v Azienda Agricola Camarzano di RK (C-615/24), concerning compensation for damage caused by wild fauna to agricultural crops in Italy.
An agricultural undertaking sought payment of EUR 1,000 in compensation under regional law, but the competent authority refused payment on the ground that the undertaking had not submitted a declaration of de minimis aid received in the relevant three-year period. National courts upheld the farmer’s claim, finding that regional legislation did not require such a declaration and that any compliance with EU de minimis rules could be verified later through monitoring. The Italian Supreme Court referred questions to the Court of Justice on the interpretation of Regulation (EU) No 1408/2013.
The CJEU held that, in the absence of a fully operational national central register of de minimis aid, Member States must obtain a prior declaration from the beneficiary detailing any de minimis aid received during the current and previous two fiscal years before granting and paying agricultural de minimis aid. While this declaration does not constitute an eligibility condition for submitting an aid application, it is a mandatory condition for the grant and payment of the aid. National rules allowing payment without such prior verification are therefore precluded by EU law, even if subsequent checks or ex-post monitoring show that the de minimis ceiling was not exceeded.
For more information, see the CJEU’s judgment.