Asunto C-516/16: Sentencia del Tribunal de Justicia (Sala Séptima) de 20 de diciembre de 2017 (petición de decisión prejudicial planteada por el Bundesverwaltungsgericht — Austria) — Erzeugerorganisation Tiefkühlgemüse eGen / Agrarmarkt Austria [Procedimiento prejudicial — Agricultura — Organización común de mercados — Programa operativo en el sector de las frutas y hortalizas — Reglamento (CE) n.° 1234/2007, en su versión modificada por el Reglamento (CE) n.° 361/2008 — Artículos 103 ter, 103 quinquies y 103 octies — Ayuda financiera de la Unión Europea — Reglamento de Ejecución (UE) n.° 543/2011 — Artículo 60 y anexo IX, punto 23 — Inversiones realizadas en explotaciones o instalaciones de la organización de productores — Concepto — Confianza legítima — Seguridad jurídica]
Sección: | información judicial |
Emisor: | Tribunal de Justicia de las Comunidades Europeas |
26.2.2018 ES Diario Oficial de la Unión Europea C 72/24
Lengua de procedimiento: alemán
Bundesverwaltungsgericht
Demandante: Erzeugerorganisation Tiefkühlgemüse eGen
Demandada: Agrarmarkt Austria
1) En la medida en que se refiere a inversiones realizadas «en explotaciones o instalaciones de la organización de productores» el anexo IX, punto 23, del Reglamento de Ejecución (UE) n.o 543/2011 de la Comisión, de 7 de junio de 2011, por el que se establecen disposiciones de aplicación del Reglamento (CE) n.o 1234/2007 del Consejo en los sectores de las frutas y hortalizas y de las frutas y hortalizas transformadas, debe interpretarse en el sentido de que: — el mero hecho de que una inversión realizada en el contexto de un programa operativo de aquellos a los que hace referencia el artículo 60, apartado 1, de dicho Reglamento esté situada en un terreno propiedad de un tercero, y no de la organización de productores de que se trate, no constituye, en principio, en virtud de la primera de estas disposiciones, un motivo para considerar que los gastos en que haya incurrido dicha organización de productores como consecuencia de esa inversión no son subvencionables;
— dicho anexo IX, punto 23, se refiere a inversiones realizadas en explotaciones o instalaciones que, tanto desde el punto de vista jurídico como fáctico, se hallen bajo el control exclusivo de la referida organización de productores, de modo que cualquier uso de dicha inversión en beneficio de terceros quede excluido.
2) El principio de protección de la confianza legítima debe...
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