Înalta Curte de Casație și Justiție, Secția a II-a civilă, Decizia nr. 899/18.04.2019 (Studiu de Caz)
High Court of Casation and Justice, Civil Section II, Decision no. 899/18.04.2019 (Case Law Study)

Summary/Abstract: According to the provisions of art. 6 of the G.E.O. no. 125/2006, the beneficiaries of direct payments under the Single Area Payment Scheme may be natural persons and / or legal entities exploiting the agricultural land for which they request payment, as proprietors, lessees, concessionaires, associate administrators within the joint ventures, tenants or the like, while the grantor and/or the lessor are not receiving direct payments for the leased and / or rented land. Therefore, the beneficiary of the amounts granted as a subsidy is only the one who cultivates the respective lands, and the A.P.I.A. has the power to receive, authorize and execute payments to those who can benefit from these subsidies, but, once established, the rights of these persons over the subsidies, they can freely dispose of the amounts granted, as there is no legal provision in the European Union law or national law establishing a special allocation for these amounts. Therefore, the parties to the lease agreement may enter into a debt assignment agreement whereby the lessee assigns to the lessor the amounts granted by the A.P.I.A. as subsidies under the Single Area Payment Scheme.

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