Key facts of the case:
- This request for a preliminary ruling concerns the interpretation of the principles of equivalence and effectiveness and of Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
- The request has been made in proceedings between ET Agrokonsulting-04-Velko Stoyanov (‘Agrokonsulting’) and the Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’ – Razplashtatelna agentsia (the Executive Director of the National Agriculture Fund – paying agency, ‘the Direktor’) concerning an application for aid with a view to financing under the European Union common agricultural policy.
Results (sanctions) and key consequences of the case:
European Union law, in particular the principles of equivalence and effectiveness and Article 47 of the Charter of Fundamental Rights of the European Union, does not preclude a national rule of jurisdiction such as that in Article 133(1) of the Code of Administrative Procedure (Administrativnoprotsesualen kodeks), which results in conferring on a single court all disputes relating to decisions of a national authority responsible for the payment of agricultural support under the European Union common agricultural policy, provided that actions intended to ensure the safeguarding of the rights which individuals derive from European Union law are not conducted in less advantageous conditions than those provided for in respect of actions intended to protect the rights derived from any aid schemes for farmers established under national law, and that jurisdiction rule does not cause individuals procedural problems in terms, inter alia, of the duration of the proceedings, such as to render the exercise of the rights derived from European Union law excessively difficult, which it is for the referring court to ascertain.