Facts
The Federal Department of Economic Affairs requested that the decision of the Appeals Commission of the Federal Department of Economic Affairs be revoked and that it be established that [X.] was excluded from direct payments for the year 2001. [X.] operates an agricultural business in [A.] (AG) and had exceeded the permitted maximum livestock numbers by 40% in 2000 and by either 80 fattening calves or 4800 fattening poultry in 2001.
The Federal Office for Agriculture had imposed a fee of Fr. 4,000.-- for non-compliance with the maximum livestock numbers and informed [X.] that operators whose livestock numbers exceeded the limits of the Maximum Livestock Ordinance would not receive direct payments.
The Agricultural Appeals Commission of the Canton of Aargau lifted the ruling and instructed the Finance Department of the Canton of Aargau to pay [X.] Fr. 48,674.--. The Federal Department of Economic Affairs appealed to the Appeals Commission EVD, which dismissed the appeal and ordered the cantonal agricultural department to pay [X.] Fr. 45,666.-- in direct payments for the year 2001.
Considerations
The Federal Court examined whether the deletion of direct payments for the year 2001 due to non-compliance with the Maximum Livestock Ordinance was lawful under Art. 2 para. 2 lit. c of the Ordinance of 7 December 1998 on Direct Payments to Agriculture (Direct Payments Ordinance, DPO).
The Court found that the Federal Council had exercised the competence assigned to it by Art. 70 para. 6 lit. b AgricA, by anchoring in Art. 2 para. 2 lit. c DPO that operators whose livestock numbers exceed the limits of the…