– Ms. Justyna's case is an example that you really shouldn't give up if your application for a subsidy is rejected. It's worth fighting until the end every time – says Sebastian Drążkiewicz, advisor in the Agraves team.
– Although I have been providing legal assistance to farmers for over 20 years, a situation such as a double rejection of an application is very rare. We are all the more pleased that we have brought it to a happy ending – adds Mikołaj Baum, a lawyer in the Agraves team.
read more
No one wants to apply for the young farmer premium. The application process ends soon
She inherited the farm when she was a teenager.
Mrs. Justyna became the owner of the farm after acquiring an inheritance in 2001. At that time, she was still a minor, and in the following years she did not conduct agricultural activities. This changed only in May 2021, when the woman actually began managing the farm.
In 2022, Ms. Justyna submitted an application to the West Pomeranian regional branch of ARiMR for a young farmer's premium. However, in November 2022, she received a negative decision from ARiMR.
– The Agency wrongly concluded that Ms. Justyna did not meet one of the recruitment conditions, which concerned starting agricultural activity no earlier than 24 months before the date of submitting the application – says Sebastian Drążkiewicz.
ARiMR doesn't see the difference
In December 2022, Agraves' advisors filed an appeal against the negative decision of ARiMR. – The Agency found that when Ms. Justyna came of age in 2002, she simultaneously began running an agricultural business. Meanwhile, the mere fact of acquiring ownership of a farm does not prove management or running it. The management of the West Pomeranian ARiMR did not see the difference between acquiring ownership and actually running a farm – explains Mikołaj Baum.
Moreover, he adds: – In Mrs. Justyna's case, there is no question of managing the farm after acquiring it through inheritance. At that time, she attended school and later college.
Before 2021, Ms. Justyna had never run a farm. She did not register farm animals in the IRZ register for the purpose of conducting agricultural activity. She did not apply for financial assistance for farmers under EU or national aid programs, nor for a preferential loan. In addition, she did not register a special agricultural production department and did not receive direct payments. – Thus, our client met the ARiMR conditions for recruitment as a young farmer – says Sebastian Drążkiewicz.
Different decisions of the Agency
Why did the Agency consider that Ms. Justyna ran a farm? Another argument, in the opinion of ARiMR, was the fact that from 2007 to 2009 the woman was insured in KRUS.
– After completing her studies, as an unemployed person with no right to social insurance, she was forced to insure herself with KRUS. At that time, the farm was used by other people, which is confirmed by applications for direct payments for this land – explains Sebastian Drążkiewicz. He adds: – But in the opinion of ARiMR in Szczecin, the mere fact of having insurance with KRUS was equivalent to the applicant managing an agricultural farm.
What is "interesting" is that in similar cases, in which the applicant was insured with KRUS, although he did not conduct agricultural activity at that time, other ARiMR branches awarded a bonus for young farmers.
– Such a discrepancy in decision-making by ARiMR branches should not occur. After all, the Agency issues decisions on granting aid based on the same legal provisions – Mikołaj Baum has no doubts.
The application was again… rejected
In February 2023, the president of the ARiMR in Warsaw accepted the arguments of Agraves' advisors and overturned the decision of the West Pomeranian branch of the ARiMR. At the same time, he ordered the reconsideration of Ms. Justyna's application. Despite this, in April 2023, the West Pomeranian ARiMR rejected Ms. Justyna's application for the second time… What were the Agency's arguments? The same as the first time.
– ARiMR in Szczecin was completely deaf to our arguments – comments Mikołaj Baum.
Therefore, in May 2023, Agraves' lawyers again filed an appeal to the president of ARiMR in Warsaw. And once again, he overturned the decision of the West Pomeranian branch of ARiMR, ordering the reconsideration of Ms. Justyna's application.
read more
Young Farmers Premium: Who can apply and what can the funds be spent on?
Victory after 2 years of fighting
However, this time ARiMR in Szczecin accepted Ms. Justyna's application. Thus, after 2 years of efforts, in 2024 the farmer finally received a positive decision on her application for a premium for young farmers.
