Judgment_paragraph 36 · SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA)

36However, that provision states, in essence, that a farmer is a person whose holding is situated within the territorial scope of the Treaties and who exercises an agricultural activity. The concept of ‘holding’, defined in Article 4(1)(b) of that regulation, includes all the production units ‘managed’ by a farmer situated within the territory of the same Member State. It must therefore be concluded that the production units managed by the farmer in question include animals used for grazing, provided that he has sufficient power over those animals for the carrying-out of his agricultural activity, that being a matter for the competent national court to assess, taking into account all the circumstances of the case (see, by analogy, judgments of 14 October 2010, Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraphs 61 and 62, and of 2 July 2015, Demmer, C‑684/13, EU:C:2015:439, paragraph 58).

SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central (C-176/20)

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