Question juridique clé
Whether the direct payments for 1998-2005 were repayable.
Solution extraite
Yes. The reed meadows were not eligible land and the claimant was not a qualifying operator; the payments were therefore undue and recoverable.
Motifs extraits
Eligibility under the agricultural ordinances required an operator and agricultural land available year-round. The claimant neither bore the economic risk as operator nor had land at his free disposal throughout the year.