La posición del TJUE en relación con la excepción en beneficio del agricultor

Resumen

The rules for the configuration of the farmer’s privilege, which coincide at the European and Spanish levels, aim to enable its exercise without undermining the legitimate interests of the breeder and farmer. Taking into account this regulatory framework, recent European jurisprudence has ruled on two essential issues applicable to the conditions required in the field of the farmer’s privilege: on the scope of the obligation to provide information regarding the farmer’s privilege and on the responsibility of farmers who repeatedly and intentionally fail to comply with their obligation to pay remuneration to the holder within the scope of the agricultural exemption. Specifically, the preliminary questions raised in recent years are the subject of analysis, on the one hand, in relation to the scope of the obligation of information regarding the farmer’s privilege, which is raised, in the Judgment of the Court of Justice, Chamber fifth, October 17, 2019, case C-239/18, Saatgut-Treuhandverwaltungs GmbH v Freistaat Thüringen; and, on the other hand, the calculation of the rate applicable to the liability of farmers who repeatedly and intentionally fail to comply with their obligation to pay remuneration to the holder, which is the subject of discussion in the Judgment of the Court of Justice, Fourth Chamber, of 16 March 2023, case C-522/21, Ms v Saatgut-Treuhandverwaltung.