Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
910.13 DZVOPD CH

Art. 3 Ordinance of 23 October 2013 on Direct Payments in Agriculture (ODP) - Operators Entitled to Contributions

OPD; Titre 1 Dispositions générales; Chapitre 2 Conditions
Open official source Full Act (147 Articles) Machine-readable Markdown (.md)

Art. 3 OPD · Operators Entitled to Contributions

Operators of a farming enterprise are entitled to contributions if: a. they are natural persons with civil domicile in Switzerland; b. they have not reached the age of 65 by January 1st of the contribution year; c. they meet the training requirements specified in Art. 4.

Natural persons or partnerships personally operating the business of a corporation (Ltd.), a limited liability company (LLC), or a limited partnership based in Switzerland are entitled to contributions if: a. they hold at least a two-thirds direct participation in the share capital or social capital and two-thirds of the voting rights in the corporation or the limited partnership by means of registered shares; b. they hold at least a three-quarters direct participation in the social capital and voting rights in the LLC; c. the book value of the farming capital and—if the corporation or the LLC owns it—the book value of the enterprise or enterprises, represents at least two-thirds of the assets of the corporation or the LLC.

Natural persons or partnerships who lease their operation to a legal entity are not entitled to contributions if: a. they assume a managerial role on behalf of the legal entity, or b. they hold a participation exceeding one-quarter of the share capital, social capital, or voting rights in the legal entity.

Legal entities domiciled in Switzerland, as well as municipalities and cantons, may be entitled to the biodiversity contribution and the regional biodiversity and landscape quality contribution, provided they are considered operators of the agricultural enterprise. Exceptions include legal entities presumed to have been established to circumvent the age limit or training requirements.

← Art. 2 OPD Ordinance of October 23, 2013 on Direct Payments in Agriculture (OPD) - Purpose Art. 4 OPD →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (7)

B-3106/2021 (art. 3 OPD)
Agricultural Operator Denied Direct Payments Due to Animal Welfare Conviction
Establishes that farm managers are entitled to direct payments if they meet legal conditions.
B-5033/2019 (Art. 3 Abs. 1 DZV)
Agricultural Payments Appeal Dismissed Due to Operator Status
Cited to determine direct payments for the management of agricultural holdings.
B-1007/2017 (Art. 3 Abs. 2 DZV)
Reclamation of Subsidies Due to Managerial Shareholding and Collaboration Agreement Violations
This provision sets the conditions for entitlement to direct payments for individuals managing an AG or GmbH and was used to determine the lack of entitlement in this case.
B-6795/2015 (Art. 3 Abs. 2 Bst. a DZV)
Indirect Shareholder Eligible for Direct Farm Payments
This provision was applied to determine the eligibility of the respondent for direct payments, specifically regarding the requirement of direct participation in a stock corporation.
VWBES.2017.203 · so (Art. 3 Abs. 1 lit. a-c der Verordnung über die Direktzahlungen an die Landwirtschaft, Direktzahlungsverordnung, DZV, SR 910.13)
Agricultural Operation Direct Payments Eligibility Withdrawal Appeal Dismissed
Cited in the reasoning but not explicitly in the dispositive orders (1. and 2.). Therefore, it is excluded based on the rules.
FO.1998.0021 · vd (art. 3 OPD)
Agricultural Subsidy Refusal Upheld Due to Lack of Civil Domicile
Cited in the reasoning to define the requirement of civil domicile in Switzerland for receiving direct payments, but not explicitly cited in the dispositive orders (I, II, III). Therefore, it is excluded based on the rules.
JAAC 61.40 (Art. 3 Abs. 1 DZV)
Farmer's Farm Transfer Denied Transitional Period for Direct Payments
This provision defines who is eligible for direct payments, and the court considered whether the applicants met this criterion.