Judgment_paragraph 53 · SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA)

53In the light of the wording of Article 35(1) of Regulation No 73/2009, the context in which that provision occurs and the objective pursued by the rules of which it is part, it must be held that, for the purposes of determining whether a parcel is ‘at the farmer’s disposal’, within the meaning of that provision, that regulation does not require that farmer to produce a formal legal document establishing his ‘right to use’ the area in question; the demonstration of the actual use of that area and of sufficient autonomy on the part of that farmer for the purposes of carrying out his agricultural activity on that area are sufficient for that purpose.