Category: Agriculture

Regina v Dairy Produce Quota Tribunal For England and Wales, Ex Parte Hall and Sons: ECJ 6 Jun 1990

Agriculture – Common organization of the markets – Milk and milk products – Additional levy on milk – Determination of the reference quantities exempt from the levy – Producer selling directly for consumption – Basis of calculation – Quantities marketed directly during the reference year and produced by the farmer’ s own herd (Regulation No 804/68 of the Council, Art 5c, and Council Regulation No 857/84, Art 6(1))
Article 6(1) of Regulation No 857/84 adopting general rules for the application of the additional levy on milk must be interpreted as meaning that the reference quantity assigned to a producer of milk and milk products selling directly to consumption, as referred to in Article 5c2) of Regulation No 804/68, is to be calculated on the basis of the quantity of milk or milk products which he sold directly to consumption during the relevant reference year and which was produced by his own herd.

Citations:

C-174/88, R-174/88

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 11 September 2022; Ref: scu.134903

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was a ‘victim’ of the ‘transaction’ in the instant case. The fact that the sale by NatWest, looked at in isolation, caused no loss is not to the point. The point is that the ‘transaction’ was not the sale by NatWest, but the arrangement between KF and Miss Hawkins to use that sale as a necessary step in the process of transferring the intended benefit to Miss Hawkins. ‘ The transaction was to be set aside. As to the counterclaim in which damages were sought for trespass in the steps taken to dispose of carcasses of animal slaughtered for foot and mouth. There was no express statutory power to take the steps undertaken, in particular to bury the carcasses. The result was a permanent interference with the land: ‘authority to interfere permanently with private property rights is to be limited to the circumstances identified in section 34(4) and not to be extended to the more general power of disposal conferred by section 34(2). ‘ The European Groundwater Directive could not be used to justify such action, since there was no sufficient breach of the Directive. The Departments appeal on the counterclaims failed.

Judges:

Lord Justice Waller Lord Justice Jonathan Parker Mr Justice Moses

Citations:

[2005] EWCA Civ 1513, Times 22-Dec-2005

Links:

Bailii

Statutes:

Insolvency Act 1986 423, Animal Health Act 1981, Diseases of Animals (Seizure Order) 1993 (1993 No 1685, Foot-and-Mouth Disease Order 1983

Jurisdiction:

England and Wales

Citing:

Appeal from – Department for Environment, Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. . .
Cited – Re Brabon 2001
The debtor had contracted to sell his land to a third party developer, Silver. Between contract and completion, the debtor was made bankrupt. His wife, who already held legal charges over part of the land, took a transfer of a charge over the . .
Cited – National Westminster Bank plc v Jones and Others CA 24-Oct-2001
The respondent farmers charged the farm by way of an agricultural floating charge to the claimants. On coming into difficulties, they set up a limited company and granted a tenancy in its favour and transferred assets to it. The bank obtained . .
Cited – In re M C Bacon Ltd ChD 1990
A liquidator claimed that the costs of an unsuccessful attempt to set a floating charge aside should be paid out of the assets subject to the charge in priority to the claims of the charge holder.
Held: The rule was a complete statement of the . .
Cited – Phillips (Liquidator of A J Bekhor and Co) and Another v Brewin Dolphin Bell Lawrie Limited and Another CA 17-Mar-1999
When considering whether a breach went to the root of a contract, an associated contract could be split off, even though it would not be split off for insolvency purposes when asking whether a transaction was at an undervalue. . .
Cited – Agricultural Mortgage Corporation Plc v Woodward and Another CA 30-May-1994
A tenancy granted by an insolvent farmer to his wife was set aside because of additional benefits which were granted. The tenancy was held to have been granted at an undervalue, even though the court was unable precisely to measure the value of the . .
Cited – Chohan v Saggar and Another CA 27-Dec-1993
The word ‘and’ in sections 423(2)(a) and 423(2)(b) is to be read conjunctively not disjunctively. Section 238(3) is to be interpreted as requiring restoration of the former position ‘as far as possible’ or ‘as far as practicable’, and that . .
Cited – Phillips (Liquidator of A J Bekhor and Co ) and Another v Brewin Dolphin Bell Lawrie HL 18-Jan-2001
The company sold its business to the respondent for one pound, but the respondent agreed to sublease computer equipment for an amount equivalent to the value of the company. The company defaulted, and the computer equipment was recovered. The . .
Cited – Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
Cited – Dixon and Another, Regina (on the application of ) v Secretary of State for the Environment, Food and Rural Affairs QBD 10-Apr-2002
The applicants were farmers. Their cattle were destroyed after contracting foot and mouth disease. Their land was used for the burning of the carcasses of their animals, and of animals from neighbouring farms. They were compensated inter alia for . .
Cited – Colonial Sugar Refining Co Ltd v Melbourne Harbour Trust Commissioners PC 18-Jan-1927
An Act removing the right of appeal to the Privy Council was held not to affect an appeal in litigation pending when the Act was passed and decided after its passing, on the ground that (Lord Warrington) ‘[t]o deprive a suitor in pending litigation . .
Cited – Minister of Housing and Local Government v Hartnell HL 1965
The law ordinarily entitles a person whose land is taken for a highway to compensation unless the statutory intention to resume without compensation is expressed in clear and unambiguous terms. Lord Wilberforce described a use treated as established . .
Cited – Allen v Gulf Oil Refining Ltd HL 29-Jan-1980
An express statutory authority to construct an oil refinery carried with it the authority to refine. It was impossible to construct and operate the refinery upon the site without creating a nuisance. Lord Wilberforce said: ‘It is now well settled . .
Cited – Franz Grad v Finanzamt Traunstein. (Measures Adopted By An Institution ) ECJ 6-Oct-1970
Europa It would be incompatible with the binding effect attributed to decisions by article 189 to exclude in principle the possibility that persons affected may invoke the obligation imposed by a decision. . .
Cited – Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4) ECJ 5-Mar-1996
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete . .
Cited – Webb v EMO Air Cargo (UK) Ltd (No 1) HL 3-Mar-1993
Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Burton v British Railways Board ECJ 16-Feb-1982
Europa The principle of equal treatment contained in article 5 of council directive 76/207 applies to the conditions of access to voluntary redundancy benefit paid by an employer to a worker wishing to leave his . .
Cited – Shelfer v City of London Electric Lighting Company, Meux’s Brewery Co v Same CA 1895
The plaintiff sought damages and an injunction for nuisance by noise and vibration which was causing structural injury to a public house.
Held: The court set out the rules for when a court should not grant an injunction for an infringement of . .
Cited – Jaggard v Sawyer and Another CA 18-Jul-1994
Recovery of damages after Refusal of Injunction
The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way.
Held: The appeal failed.
Cited – Wrotham Park Estate Ltd v Parkside Homes Ltd ChD 1974
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.
Held: The restrictive covenant not to develop other than in . .
Cited – Surrey County Council v Bredero Homes Ltd CA 7-Apr-1993
A local authority had sold surplus land to a developer and obtained a covenant that the developer would develop the land in accordance with an existing planning permission. The sole purpose of the local authority in imposing the covenant was to . .
Criticised – Anchor Brewhouse Developments -v Berkley House (Docklands) Developments 1987
A crane which passes its boom over private land without permission creates an actionable nuisance. Damages could not be awarded so as to remove the plaintiff’s right to bring actions for trespass in the future if the trespass continued: ‘I find some . .
Cited – Harrow London Borough Council v Donohue CA 1995
The plaintiff complained at the defendant’s garage, half of which had been built on the plaintiff’s land. The judge had awarded damages in lieu of a mandatory injunction for its removal. The Council appealed.
Held: Where a landowner had been . .
See Also – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1658) CA 9-Dec-2005
. .
See Also – Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .

Cited by:

See Also – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1658) CA 9-Dec-2005
. .
Lists of cited by and citing cases may be incomplete.

Insolvency, Agriculture

Updated: 07 September 2022; Ref: scu.235918

Department for Environment, Food and Rural Affairs v Feakins and Another: ChD 26 Nov 2004

The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors.
Held: The department did not have power under the Act to bury slaughtered animals on land which was not occupied by their owner, and the counterclaim succeeded. However the defendant had displayed a readiness to dissemble in order to get his bank which had taken possession of the farm to resell it to the lady who was soon to be his wife without disclosing his relationship. The legislation was operative against someone who took part in a transaction at an undervalue. Mr Feakins knew that she would immediately resell the land for twice the amount once purchased when he, by arrangement, had already agreed to surrender his agricultural tenancy. Accordingly the transaction could be set aside.

Judges:

Hart J

Citations:

Times 29-Dec-2004

Statutes:

Insolvency Act 1985 423, Animal Health Act 1981 34

Jurisdiction:

England and Wales

Citing:

See Also – Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .
Cited – Re Brabon 2001
The debtor had contracted to sell his land to a third party developer, Silver. Between contract and completion, the debtor was made bankrupt. His wife, who already held legal charges over part of the land, took a transfer of a charge over the . .
See Also – Department for Environment Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
. .

Cited by:

See Also – Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .
Appeal from – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other, Agriculture

Updated: 07 September 2022; Ref: scu.220647

Department for Environment Food and Rural Affairs v Feakins and Another: ChD 26 Nov 2004

Citations:

[2004] EWHC 2735 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .

Cited by:

See Also – Department for Environment, Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 07 September 2022; Ref: scu.226178

Regina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs: CA 4 Nov 2003

The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the standing of the applicant to seek review of the decision. The judge acknowledged the possibility that the applicant had only his private interests at heart, but considered that he could proceed because of the significance of the decision under review. The applicant’s motive was capable of being relevant, but was not such here as to make the application an abuse.
Dyson LJ addressed the question of abuse of process in the context of Judicial Review proceedings, saying: ‘In my judgment, if a claimant has no sufficient private interest to support a claim to standing, then he should not be accorded standing merely because he raises an issue in which there is, objectively speaking, a public interest. As Sedley J said in R v Somerset County Council, Ex p Dixon [1997] JPL 1030, when considering the issue of standing, the court had to ensure that the claimant was not prompted by an ill motive, and was not a mere busybody or a trouble-maker. Thus, if a claimant seeks to challenge a decision in which he has no private law interest, it is difficult to conceive of circumstances in which the court will accord him standing, even where there is a public interest in testing the lawfulness of the decision, if the claimant is acting out of ill-will or for some other improper purpose. It is an abuse of process to permit a claimant to bring a claim in such circumstances. If the real reason why a claimant wishes to challenge a decision in which, objectively, there is a public interest is not that he has a genuine concern about the decision, but some other reason, then that is material to the question whether he should be accorded standing.’

Judges:

Lord Justice Jonathan Parker Lord Justice Thorpe Lord Justice Dyson

Citations:

[2003] EWCA Civ 1546, Times 07-Nov-2003, Gazette 02-Jan-2004, [2004] 1 WLR 1761

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mount Cook Land Ltd and Another v Westminster City Council CA 14-Oct-2003
The applicants had sought judicial review of the defendant’s grant of planning permission for the redevelopment of the former CandA building in Oxford Street. Though the application for leave to apply had been successful, and a full hearing took . .
Appeal from – Feakins v Secretary of State for Environment, Food and Rural Affairs Admn 20-Dec-2002
. .
See Also – Department for Environment, Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. . .

Cited by:

See Also – Department for Environment, Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. . .
Cited – Land Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
Now set aside – Feakins and Another v Department for Environment, Food and Rural Affairs CA 8-Jun-2006
The claimants sought to re-open their appeal saying that the respondent department had failed properly to describe the workings of the clawback scheme under which its claim had been made.
Held: A DEFRA official had provided materially . .
Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
See Also – Department for Environment Food and Rural Affairs v Feakins and Another ChD 26-Nov-2004
. .
See Also – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Environment, Judicial Review

Updated: 07 September 2022; Ref: scu.187505

Kellinghusen v Amt fur Land- und Wasserwirtschaft Kiel (Agriculture): ECJ 22 Oct 1998

ECJ On the interpretation and validity, in Case C-36/97, of Article 15(3) of Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (OJ 1992 L 181, p. 12), and, in Case C-37/97, of Article 30a of Regulation (EEC) No 805/68 of the Council of 27 June 1968 on the common organisation of the market in beef and veal (OJ, English Special Edition 1968 (I), p. 187), as amended by Council Regulation (EEC) No 2066/92 of 30 June 1992 amending Regulation No 805/68 and repealing Regulation (EEC) No 468/87 laying down general rules applying to the special premium for beef producers and Regulation (EEC) No 1357/80 introducing a system of premiums for maintaining suckler cows (OJ 1992 L 215, p. 49).

Citations:

C-37/97, [1998] EUECJ C-37/97

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 07 September 2022; Ref: scu.433452

K and A Jackson and Son, Regina (on The Application of) v Department for The Environment, Food and Rural Affairs: Admn 14 Apr 2011

The clamants sought judicial review of the order made by the defendant for the slaughter of their pedigree bull found positive in a test for bovine tuberculosis.

Judges:

McCombe J

Citations:

[2011] EWHC 956 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Agriculture, Animals

Updated: 07 September 2022; Ref: scu.432850

Nagy v Mezogazdasagi es Videkfejlesztesi Hivatal: ECJ 24 Mar 2011

ECJ (Opinion) Common agricultural policy – Regulation (EC) No 1257/1999 – Regulation (EC) No 817/2004 – Application of the integrated system to agri-environmental aid which, albeit not for animals, is dependent on a certain density of livestock.

Judges:

Mazak AG

Citations:

C-21/10, [2011] EUECJ C-21/10

Links:

Bailii

European, Agriculture

Updated: 04 September 2022; Ref: scu.431361

Greece v Commission: ECFI 24 Mar 2011

ECFI EAGGF – Guarantee Section – Expenditure excluded from Community financing – Common Market Organization for sugar – Article 8, paragraph 1 of Regulation (EC) No 1663/95 and Article 11, paragraphs 1 and 2, the Regulation (EC) No 885/2006 – Risk of financial loss to the Fund – Principle of proportionality.

Citations:

T-184/09, [2011] EUECJ T-184/09

Links:

Bailii

European, Agriculture

Updated: 04 September 2022; Ref: scu.431354

Bureau DIntervention and De Restitution Belge: ECJ 17 Mar 2011

ECJ Agriculture – Common organization of the markets – Sugar – The nature and scope of the transitional quotas allotted to a sugar manufacturer – Possibility of a company benefiting from restructuring aid for the 2006/2007 marketing year to make use of transitional quota assigned to it – Calculating the amount of recovery and the penalty for non-compliance under the restructuring plan.

Citations:

C-150/10, [2011] EUECJ C-150/10

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 04 September 2022; Ref: scu.430703

Nutricia Ltd, Regina (on The Application of) v The Secretary of State for Health: Admn 31 Jul 2015

Application for permission to apply for judicial review and, if granted, the substantive judicial review in a complex case concerning a decision adopted by the Defendant which expressed the ‘view’ that a yoghurt style food product called ‘Souvenaid’ produced by Nutricia Limited could not be classified as a food for special medical purposes

Judges:

Green J

Citations:

[2015] EWHC 2285 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health, Agriculture

Updated: 03 September 2022; Ref: scu.550951

Bayerischer Brauerbund: ECJ 16 Sep 2010

ECJ Interpretation of Article 13(1)(b) and Article 14(1) and (2) of Council Regulation (EC) No 510/2006 and of Article 17 of Council Regulation (EEC) No 2081/92 – Conflict between a protected geographical indication, registered in accordance with the simplified procedure under Article 17 of Regulation No 2081/92 and an international mark.

Citations:

C-120/08, [2010] EUECJ C-120/08

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Bayerischer Brauerbund 22-Dec-2010
ECJ Reference for a preliminary ruling – Regulations (EEC) No 2081/92 and (EC) No 510/2006 – Temporal application – Article 14 – Registration in accordance with the simplified procedure – Relations between trade . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 29 August 2022; Ref: scu.424154

Germany v Commission (Agriculture): ECFI 26 Oct 2010

ECFI EAGGF – Guarantee Section – Clearance of accounts – 2006 Financial year – Date of application of the first subparagraph of Article 32(5) of Regulation (EC) No 1290/2005 – Binding force of a unilateral declaration by the Commission annexed to the minutes of a Coreper meeting.

Citations:

T-236/07, [2010] EUECJ T-236/07

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 25 August 2022; Ref: scu.425763

Uzonyi (Agriculture): ECJ 30 Sep 2010

ECJ Agriculture – Common agricultural policy – Support schemes – Regulation (EC) No 1782/2003 – Article 143ba – Separate sugar payment – Grant – Decision of the new Member States – Conditions – Objective and non-discriminatory criteria.

Citations:

C-133/09, [2010] EUECJ C-133/09

Links:

Bailii

Statutes:

Regulation (EC) No 1782/2003

Jurisdiction:

European

Agriculture

Updated: 25 August 2022; Ref: scu.425273

Dorset County Council v House: CACD 13 Oct 2010

The defendant appealed against his convictions after selling cattle without eartags and failing to give proper notifications of cattle movements.

Judges:

Toulson LJ, Maddison, Hickinbottom JJ

Citations:

[2010] EWCA Crim 2270

Links:

Bailii

Statutes:

Cattle Identification Regulations 1998 (1998 SI No 871), Cattle Database Regulations 1998 (1998 SI No 1796) 5(1), Trade Descriptions Act 1968 1(1)

Jurisdiction:

England and Wales

Crime, Agriculture

Updated: 25 August 2022; Ref: scu.425198

Scott Plummer v Board of Agriculture for Scotland: HL 18 Jan 1916

The Small Landholders (Scotland) Act 1911, sec. 7 (11), provides – ‘Provided that where the Land Court are of opinion that damage or injury will be done . . in respect of any depreciation in the value of the estate of which the land forms part in consequence of and directly attributable to the constitution of the new holding or holdings as proposed, they shall require the Board, in the event of the scheme being proceeded with, to pay compensation to such amount as the Land Court,’ or in certain circumstances an arbiter, ‘determine. . . ‘
ld (aff. judgment of the Second Division) that an arbiter was entitled to allow compensation for ‘depreciation on the saleable value’ of the estate due to the presence of the small holding.

Judges:

Viscount Haldane, Lord Kinnear, Lord Shaw, Lord Parmoor, and Lord Wrenbury

Citations:

[1916] UKHL 207, 53 SLR 207

Links:

Bailii

Jurisdiction:

Scotland

Agriculture

Updated: 23 August 2022; Ref: scu.630671

Downs v Secretary of State for Environment, Food and Rural Affairs: Admn 14 Nov 2008

The claimant challenged the rules introduced by the defendant for controlling the spraying of crops, saying that they did not comply with European obligations. She lived in a house surrounded by fields which were regularly sprayed and had suffered injury.
Held: The Regulations had not taken into account all the elements required by the Directive, including the need to account for risks to human health.

Judges:

Collins J

Citations:

[2008] EWHC 2666 (Admin), Times 01-Dec-2008

Links:

Bailii

Statutes:

Plant Protection Products Regulations 2005 (SI 2005 No 1435), Directive 91/414/EEC (OJ 1991 L30/1)

Jurisdiction:

England and Wales

Agriculture, European

Updated: 22 August 2022; Ref: scu.277930

Italy v Commission: ECFI 22 Apr 2010

ECJ EAGF Clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the EAGF Sums recoverable from the Italian Republic where there is non-recovery within the time-limits specified Meaning of financial consequences Receipt of interest Article 32(5) of Regulation (EC) No 1290/2005

Citations:

T-275/08, [2010] EUECJ T-275/08

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 17 August 2022; Ref: scu.408761

Bloomsbury International Ltd and Others v The Sea Fish Industry Authority and Another: CA 18 Mar 2010

The company, importers of fish, challenged the lawfulness of Regulations which imposed a levy requiring them to contribute to the training of UK fishermen.
Held: The company’s appeal succeeded.

Judges:

Mummery LJ, Richards LJ, Rimer LJ

Citations:

[2010] EWCA Civ 263, [2010] 3 All ER 126, [2010] 1 WLR 2117

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Bloomsbury International Ltd and Others v Sea Fish Industry Authority and Another QBD 24-Jul-2009
Parties challenged the legality of a levy imposed by the defendant for the purposes of supporting the sea food industry. They said that a levy imposed on fish products imported to the UK was beyond the powers given by the 1981 Act, and was contrary . .

Cited by:

Appeal from – Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative

Updated: 15 August 2022; Ref: scu.403352

Harms v Freerk Heidinga: ECJ 4 Feb 2010

ECJ Opinion Common agricultural policy Single payment scheme Regulation (EC) No 1782/2003 Transfer of payment entitlements.

Citations:

C-434/08, [2010] EUECJ C-434/08 – O

Links:

Bailii

Statutes:

Regulation (EC) No 1782/2003

Cited by:

Opinion – Harms v Freerk Heidinga ECJ 20-May-2010
ECJ Common agricultural policy Integrated administration and control system for certain aid schemes Regulation (EC) No 1782/2003 Single payment scheme Transfer of payment entitlements Definitive transfer . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 14 August 2022; Ref: scu.401825

Muller Fleisch GmbH v Land Baden-Wurttemberg: ECJ 25 Feb 2010

ECJ Agriculture – System for monitoring bovine spongiform encephalopathy – Regulation (EC) No 999/2001 Bovine animals over 30 months of age – Slaughter under normal conditions – Meat intended for human consumption – Mandatory screening test – National rules – Obligation to screen – Extension – Bovine animals over 24 months of age.

Citations:

C-562/08, [2010] EUECJ C-562/08

Links:

Bailii

European, Agriculture

Updated: 14 August 2022; Ref: scu.401833

Sio-Eckes kft v Mezgazdasagi es Videkfejlesztesi Hivatal Kozponti Szerve: ECJ 25 Feb 2010

ECJ Common agricultural policy – Regulation (EC) No 2201/96 Common organisation of the markets in processed fruit and vegetable products – Regulation (EC) No 1535/2003 – Aid scheme for products processed from fruit and vegetables Processed products Peaches in syrup and/or in natural fruit juice – Finished products.

Citations:

C-25/09, [2010] EUECJ C-25/09

Links:

Bailii

Statutes:

Regulation (EC) No 2201/96, Regulation (EC) No 1535/2003

European, Agriculture

Updated: 14 August 2022; Ref: scu.401835

Agrana Zucker Gmbh v Bundesminister fur Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft: ECJ 21 Jan 2010

ECJ Common agricultural policy Common organisation of the markets in the sugar sector Regulation (EC) No 318/2006 Article 16 Production charge Article 19 Withdrawal of sugar from the market Regulation (EC) No 290/2007 Regionally differentiated determination of the withdrawal percentage Principle of proportionality Principle of non-discrimination.

Citations:

C-365/08, [2010] EUECJ C-365/08 – O, [2010] EUECJ C-365/08

Links:

Bailii, Bailii

Jurisdiction:

European

Agriculture

Updated: 13 August 2022; Ref: scu.396391

Horvath v Secretary of State for Environment, Food and Rural Affairs: ECJ 3 Feb 2009

ECJ (Opinion) Reference for a preliminary ruling from the High Court of Justice of England and Wales (United Kingdom).
‘where the constitutional system of a member state provides that devolved administrations are to have legislative competence, the mere adoption by those administrations of different … standards … does not constitute discrimination contrary to Community law’

Citations:

C-428/07, [2009] EUECJ C-428/07

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Horvath v Secretary of State for Environment, Food and Rural Affairs ECJ 16-Jul-2009
ECJ Common agricultural policy Direct support schemes Regulation (EC) No 1782/ 2003 Article 5 and Annex IV Minimum requirements for good agricultural and environmental condition Maintenance of rights of way . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 13 August 2022; Ref: scu.286160

Mid Suffolk District Council v Clarke: CA 15 Feb 2006

The council had taken proceedings against a farmer whose production of swill, for feeding to pigs, was emitting a smell which local residents found scarcely tolerable. Rather than suffer the making of an injunction against him, the farmer had undertaken not to cause a public nuisance at his premises. The duration of the undertaking was not limited in time. Thereafter the council took committal proceedings in which the farmer admitted that he had broken the undertaking by the continued emission of smells. The judge duly fined him but then decided to release him from part of his undertaking by limiting its further duration to two years.
Held: Allowing the Council’s appeal, if a judge concluded that a party’s undertaking given to the court and embodied in a final order was inappropriate, it was preferable for the matter to be dealt with by an appeal rather than by the judge himself seeking to release the undertaking.

Judges:

Lord Justice Gage Lord Justice Buxton Lord Justice Lloyd

Citations:

[2006] EWCA Civ 71, Times 10-Mar-2006, [2007] 1 WLR 980

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Mid Suffolk District Council v Clarke QBD 9-Feb-2006
. .
Cited – Kensington Housing Trust v Oliver CA 1997
After the tenant caused flooding of flats underneath her flat. As a result the landlord had obtained an order for possession of it but it had undertaken to the court to offer the tenant specified alternative accommodation at basement or ground floor . .
See Also – Mid Suffolk District Council v Clarke QBD 7-Apr-2005
. .

Cited by:

Valuable guidance – Birch v Birch SC 26-Jul-2017
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Agriculture, Planning, Litigation Practice

Updated: 13 August 2022; Ref: scu.239895

Wallis v Bristol Water Plc: Admn 10 Dec 2009

The farmer appealed against a conviction uder the 1999 Regulations saying that the fitting to his water supply pipework in a dairy udder wash were not likely to allow backwash so as to risk contamination of the respondent’s water supply. He said that the magistrates had run together the potential seriousness of any contamination with its likelihood.
Held: The appeal failed: ”likely’ in these regulations is being used in the sense of a real possibility, a possibility that cannot sensibly be ignored having regard to the nature and gravity of the feared harm to public health in the particular case. This interpretation does not offend against any principle of the criminal law. Parkin v Norman does not require that in all penal measures the court must take care to see that ‘likely’ is not treated as if it meant ‘liable’. As the court said in that case, the court’s task is to construe the words of the section in light of the Act as a whole. ‘

Judges:

Dyson LJ, Tugendhat J

Citations:

[2009] EWHC 3432 (Admin), [2010] PTSR 1986, [2010] Env LR 16

Links:

Bailii

Statutes:

Water Supply (Water Fittings) Regulations 1999

Citing:

Cited – Parkin v Norman QBD 1983
The court had to construe the meaning of ‘likely’ in the section reading: ‘Any person who in any public place . . uses threatening, abusive or insulting words or behaviour . . with intent to provoke a breach of the peace or whereby a breach of the . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Utilities, Crime, Agriculture

Updated: 11 August 2022; Ref: scu.392657

Denka International v Commission (Environment And Consumers): ECFI 19 Nov 2009

ECJ Plant-protection products Active substance dichlorvos Non-inclusion in Annex I to Directive 91/414/EEC Evaluation procedure Opinion of an EFSA Scientific Panel Plea of illegality Article 20 of Regulation (EC) No 1490/2002 Submission of new studies and data during the evaluation procedure Article 8 of Regulation (EC) No 451/2000 Article 28(1) of Regulation (EC) No 178/2002 Legitimate expectations Proportionality Equal treatment Principle of sound administration Rights of the defence Principle of subsidiarity Article 95(3) EC and Articles 4(1) and 5(1) of Directive 91/414.

Citations:

T-334/07, [2009] EUECJ T-334/07

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 11 August 2022; Ref: scu.384082

Bowland Dairy Products v Commission (Environment And Consumers): ECFI 29 Oct 2009

ECJ Action for damages Regulation (EC) No 178/2002 – Rapid alert system Supplementary notification – Competence of the national authorities Commission’s opinion not binding Modification of the subject-matter of the dispute Inadmissibility.

Citations:

T-212/06, [2009] EUECJ T-212/06

Links:

Bailii

Statutes:

Regulation (EC) No 178/2002

Jurisdiction:

European

Agriculture, Consumer

Updated: 05 August 2022; Ref: scu.380276

Estonia v Commission T-324/05: ECFI 2 Oct 2009

ECJ Agriculture Common organization of the markets Transitional measures to be adopted as a result of the accession of new Member States Regulation (EC) No 832/2005 laying down transitional measures in the sugar sector Action for annulment Collegiality Concept of ‘stock’ Circumstances in stocks have formed Motivation Good administration Good faith Non-discrimination Ownership Proportionality

Citations:

[2009] EUECJ T-324/05

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 04 August 2022; Ref: scu.375631

Poland v Commission T-257/04: ECFI 10 Jun 2009

ECJ Agriculture Common organisation of the markets Transitional measures to be adopted by reason of the accession of new Member States Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products Action for annulment Period within which proceedings must be commenced Point from which time starts to run Delay Amendment of a provision of a regulation Re-opening of the action against that provision and against all provisions forming a body of rules with it Partial admissibility Proportionality Principle of non-discrimination Legitimate expectations Statement of reasons.

Citations:

[2009] EUECJ T-257/04

Links:

Bailii

Jurisdiction:

England and Wales

Agriculture

Updated: 28 July 2022; Ref: scu.347049

Gibson v Lord Advocate: SCS 7 Mar 1975

Judges:

Lord Keith

Citations:

[1975] ScotCS CSOH – 3, 1975 SLT 134, 1975 SC 136, [1975] 1 CMLR 563

Links:

Bailii

Statutes:

European Communities Act 1972 2(1)

Jurisdiction:

Scotland

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Agriculture, European

Updated: 28 July 2022; Ref: scu.279490

Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited: CA 30 Oct 2002

Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell unhappily short of the high standards of fairness and openness which is now routinely attained by British government departments. ‘
Laws LJ said that there is ‘a very high duty on public authority respondents, not least central government, to assist the court with full and accurate explanation of all the facts relevant to the issue the court must decide’

Judges:

Lord Justice Laws, Lord Jusice Aldous, Lord Justice Johnathan Parker

Citations:

[2002] EWCA Civ 1409, [2002] All ER (D) 450

Links:

Bailii

Statutes:

South Georgia and South Sandwich Islands Order 1985, British Settlements Acts 1887, British Settlements Acts 1945

Jurisdiction:

England and Wales

Citing:

Appeal from – Quark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .

Cited by:

See also – Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs Admn 22-Jul-2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy . .
See also – Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs CA 29-Apr-2004
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention.
Held: Though the Convention rights had been extended to . .
Cited – Al-Sweady and Others, Regina (on the Application of) v Secretary of State for the Defence Admn 2-Oct-2009
The claimant’s son had died whilst in the custody of the British Armed Forces in Iraq. His uncle now claimed that his human rights had been infringed. The case ‘raised a fundamental issue of jurisdiction under Article 1 of the ECHR because if the . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Licensing, Agriculture, Judicial Review

Updated: 28 July 2022; Ref: scu.178216

Pezzullo Molini Pastifici Mangimifici v Ministero delle Finanze: ECJ 8 Feb 1996

1. Directive 69/73 on inward processing arrangements allowed a Member State to provide that, in the case of release for home use in the Community of goods previously subject to inward processing arrangements, the agricultural levy payable is to bear default interest for the period between temporary importation and definitive importation.
2. The Sixth Directive, Council Directive 77/388, precludes a Member State from requiring default interest to be charged on the VAT payable in the event of declaration for home use in the Community of goods which were earlier subject to inward processing arrangements for the period between temporary importation and definitive importation.
That possibility is excluded by the fourth subparagraph of Article 10(3) of the directive, which applies to inward processing arrangements and provides that the tax is to become chargeable only when the goods cease to be subject to those arrangements and are declared for home use.

Citations:

C-166/94, [1996] EUECJ C-166/94

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 25 July 2022; Ref: scu.161374

Cervati And Malvino v Agenzia delle Dogane: ECJ 14 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 565/2002 – Article 3(3) – Tariff quota – Garlic of Argentinian origin – Import licences – Non-transferability of rights deriving from import licences – Circumvention – Abuse of rights – Conditions – Regulation (EC, Euratom) No 2988/95 – Article 4(3)

Citations:

C-131/14, [2016] EUECJ C-131/14, ECLI:EU:C:2016:255

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 25 July 2022; Ref: scu.562065

McCall and Another v HM Revenue and Customs: CANI 25 Feb 2009

The deceased had inherited grass land from her husband. It had planning permission for development. The personal representatives appealed against a finding that relief was not available as a relevant business property.

Judges:

Girvan LJ, Coghlin LJ and Deeny J

Citations:

[2009] NICA 12, [2009] STC 990, [2009] STI 1124, [2009] BTC 8059

Links:

Bailii

Statutes:

Inheritance Tax Act 1984 104

Cited by:

Cited – HM Revenue and Customs v A M Brander As Exec of The Will of The Late Fourth Earl of Balfour UTTC 16-Aug-2010
UTTC Inheritance tax – Exempt transfers and relief – Business property relief Replacement property – Deceased having liferent interest in family estate – Deceased declared to be fee simple proprietor of the . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Inheritance Tax, Agriculture

Updated: 25 July 2022; Ref: scu.343911

Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna: ECJ 7 May 2009

ECJ Regulation (EEC) No 2081/92 Directive 2000/13/EC – Name of a food product evocative of a place not registered as a protected designation of origin or protected geographical indication – Uninterrupted use in good faith since before the entry into force of Regulation (EEC) No 2081/92.

Citations:

C-446/07, [2009] EUECJ C-446/07 – O

Links:

Bailii

Statutes:

Regulation (EEC) No 2081/92, Directive 2000/13/EC

Cited by:

Cited – O’Byrne v Aventis Pasteur Sa SC 26-May-2010
The claimant wished to claim damages after suffering serious injury as a child having been vaccinated with a drug manufactured by a defendant (APMSD). The defendant had relied on a defence saying that the limitation period under the Directive was 10 . .
Opinion – Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna ECJ 10-Sep-2009
ECJ Directive 2000/13/EC – Labelling of foodstuffs to be delivered as such to the ultimate consumer – Labelling likely to mislead the purchaser as to the origin or provenance of the foodstuff – Generic names . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 24 July 2022; Ref: scu.342058

Commission v Greece C-416/07: ECJ 2 Apr 2009

ECJ Opinion – Failure to fulfill obligations Article 226 EC Directive 91/628 Regulation No 1/2005 Protection of animals during transport and identification transporter authorizations route plans Control Installations resting in ports Inspection of vehicles and animals Warranty of penalties for repeated offenses Directive 93/119 Protection of animals at the time of slaughter stunning of animals during slaughter Inspections and controls in slaughterhouses

Judges:

Trstenjak AG

Citations:

[2009] EUECJ C-416/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Commission v Greece C-416/07 ECJ 10-Sep-2009
ECJ Failure of a Member State to fulfil obligations Directives 91/628/EEC and 93/119/EC Regulation (EC) No 1/2005 – Protection of animals during transport and at the time of slaughter or killing Structural and . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 24 July 2022; Ref: scu.342024

Pease and Another v McMillan and Others: CA 2 Apr 2009

A farm had been sold subject to a farm tenancy and with an obligation to secure vacant possession. The parties disputed the assignment of the Single Payment farm subsidy.
Held: The 2003 Council Regulation provides a scheme for single payments which would replace many of the subsidies then paid to farmers.

Citations:

[2009] EWCA Civ 258

Links:

Bailii

Statutes:

Council Regulation (EC) No 1782/2003, Commission Regulation (EC) No 795/2004 of 21 April 2004

Jurisdiction:

England and Wales

Cited by:

Cited – National Trust for Places of Historic Interest v Birden ChD 31-Jul-2009
The parties had entered into an old-form share farm agreement in 1994. The tenant later became a farm business tenant on other land. The claimant sought a share of the Single Payment Scheme calculated with reference to the period in which the . .
Lists of cited by and citing cases may be incomplete.

Contract, Agriculture

Updated: 24 July 2022; Ref: scu.329544

Alois Kibler jun. v Land Baden-Wurttemberg: ECJ 26 Oct 2006

Europa Milk and milk products – Article 5c of Regulation (EEC) No 804/68 – Additional levy in the milk and milk products sector – Regulations (EEC) Nos 857/84, 590/85 and 1546/88 – Transfer of the reference quantity following the return of part of a holding – Landlord who is not himself a producer of milk or milk products – Rural lease voluntarily brought to an end.

Citations:

C-275/05, [2006] EUECJ C-275/05

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 24 July 2022; Ref: scu.245652

Azienda Agricola Disaro Antonio and Others v Cooperativa Milka 2000 Soc coop. Ar: ECJ 3 Mar 2009

ECJ Milk and milk products – Additional levy on milk – Regulation No 1788/2003 – Validity – Article 33(1) EC Objectives of the common agricultural policy Second subparagraph of Article 34(2) EC Principle of equality Third paragraph of Article 5 EC Principle of proportionality Determination of national reference quantities Consideration of the relationship between milk production and demand for milk in a Member State.

Citations:

C-34/08, [2009] EUECJ C-34/08 – O

Links:

Bailii

Statutes:

Regulation No 1788/2003

Jurisdiction:

European

Agriculture

Updated: 23 July 2022; Ref: scu.317889

Compania Espanola De Comercializacion De Aceite: ECJ 12 Feb 2009

ECJ (Agriculture) Common organisation of the market in oils and fats Olive oil Article 12a of Regulation No 133/66/EEC Private storage Authorised bodies Recognised producer groups and associations thereof Joint venture seeking to maintain specific minimum price level Applicability of competition rules to agriculture Article 2 of Regulation (EEC) No 26.

Citations:

C-505/07, [2009] EUECJ C-505/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Compania Espanola De Comercializacion De Aceite ECJ 1-Oct-2009
ECJ Reference for a preliminary ruling Common organisation of the market in oils and fats Regulation No 136/66/EEC Article 12a Storage of olive oil without Community financing Powers of national competition . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 23 July 2022; Ref: scu.286157

Franz Egenberger GmbH Molkerei und Trockenwerk v Bundesanstalt fur Landwirtschaft und Ernahrung, intervening party: Fonterra (Logistics) Ltd: ECJ 11 Jul 2006

ECJ Milk and milk products – Regulation (EC) No 2535/2001 – New Zealand butter – Import licence procedures – Inward Monitoring Arrangement (IMA 1) certificate.

Citations:

C-313/04, [2006] EUECJ C-313/04

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 21 July 2022; Ref: scu.243088

Bavaria and Bavaria Italia SrL v Bayerischer Brauerbund eV: ECJ 18 Dec 2008

ECJ Opinion – Validity of Regulations (EEC) No 2081/92 and (EC) No 1347/2001 Admissibility – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Geographical indication ‘Bayerisches Bier’ Trade mark ‘Bavaria’ Procedural and substantive requirements of registration – Co-existence between trade mark and protected geographical indication.

Judges:

Mazak AG

Citations:

C-343/07, [2008] EUECJ C-343/07 – O

Links:

Bailii

Cited by:

Opinion – Bavaria and Bavaria Italia SrL v Bayerischer Brauerbund eV ECJ 2-Jul-2009
ECJ Reference for a preliminary ruling Assessment of validity Admissibility Regulations (EEC) No 2081/92 and (EC) No 1347/2001 – Validity – Generic name Coexistence of a trade mark and a protected geographical . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture, Intellectual Property

Updated: 21 July 2022; Ref: scu.279122

Glencore Grain Rotterdam: ECJ 4 Dec 2008

Europa Regulation (EC) No 800/1999 Export refunds on agricultural products Article 16 Differentiated refund Proof that customs formalities for importation have been completed Production of a copy or photocopy of the transport documents Regulation (EC) No 1501/95 Granting of export refunds on cereals Article 13 Derogation from Article 16 of Regulation No 800/1999.

Citations:

C-391/07, [2008] EUECJ C-391/07

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 21 July 2022; Ref: scu.278685

South Wales Sea Fisheries Committee v Saunders: Admn 27 Nov 2003

The defendant trawlerman was seen with his nets in the water within the six mile limit, and he faced a prosecution. He replied that the only acts undertaken within the limit had been acts of maintenance of his nets.
Held: In the breaking open of nets to release debris rocks and fish back into the sea, he was not either ‘engaged in fishing operations’ and nor was he using an instrument of fishing’. The words had to be given their natural meaning.

Citations:

Times 05-Dec-2003, [2003] EWHC 3054 (Admin)

Links:

Bailii

Statutes:

Sea Fisheries Regulation Act 1996 5

Jurisdiction:

England and Wales

Citing:

Cited – Alexander v Tonkin 1979
The court discussed the meaning of the word ‘fishing’. . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Crime

Updated: 19 July 2022; Ref: scu.191216

Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo: ECJ 25 Mar 2004

ECJ Judgment – Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers

Citations:

C-480/00, [2004] EUECJ C-480/00

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 18 July 2022; Ref: scu.195044

Visentin and others v Azienda di Stato per gli interventi nel mercato agricolo: ECJ 25 Mar 2004

ECJ Judgment – Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3590/92 and 536/93 – Reference quantities – Ex post correction

Citations:

C-495/00, [2004] EUECJ C-495/00

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 18 July 2022; Ref: scu.195045

Cooperativa Lattepiu v Azienda di Stato per gli interventi nel mercato agricolo: ECJ 25 Mar 2004

ECJ Judgment – Agriculture – Common organisation of the markets – Milk and milk products – Additional levy on milk – Regulations (EEC) Nos 3950/92 and 536/93 – Reference quantities – Ex post correction – Notification of producers)

Citations:

C-231/00, [2004] EUECJ C-231/00, [2004] ECR I-2869

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 18 July 2022; Ref: scu.195043

Deepdock Ltd and Others, Regina (on the Application Of) v the Welsh Ministers: Admn 30 Oct 2007

Parties who depended on inshore marine life objected to the proposed planning permission for a marina which they said would adversely affect the seabed and their industries.

Citations:

[2007] EWHC 3347 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning, Agriculture

Updated: 18 July 2022; Ref: scu.271166

Cofradia De Pescadores ‘San Pedro’ De Bermeo and Others v Council (Fisheries Policy): ECFI 19 Oct 2005

Europa Fisheries – Conservation of the resources of the sea – Relative stability of the fishing activities of each Member State – Fishing quota exchanges – Transfer to the French Republic of part of the fishing quota for anchovy allocated to the Portuguese Republic – Annulment of the provisions authorising that transfer – Reduction, for the Kingdom of Spain, of the effective fishing possibilities – Non-contractual liability of the Community – Rule of law conferring rights on individuals – Actual damage.

Citations:

T-415/03, [2005] EUECJ T-415/03

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 17 July 2022; Ref: scu.231245

Regina v Daventry District Council ex parte Thornby Farms: Admn 28 Jul 2000

The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal waste and clinical waste were properly distinguished, and the council had applied the correct guidance. The council was entitled to assume on the evidence that no way of preventing the emissions was available. The requirements of the legislation should have been read to impose a continuing obligation to assess not just the machinery used, but also additional available steps to reduce emissions to a minimum. Nevertheless the decision stood. In the second case, there was no obligation to refuse planning permissions either because there is no immediate need for the land or because the relevant decision makes no positive contribution towards meeting the objective. Appeals refused.

Judges:

Lord Justice Pill, Lord Justice Robert Walker, And Mr Justice Laddie

Citations:

Times 05-Oct-2000, Gazette 14-Sep-2000, [2000] EWHC Admin 382

Links:

Bailii

Statutes:

Hazardous Waste Directive 91/689/EEC, Controlled Waste Regulations 1992, Environmental Protection Act 1990, Council Directive 75/442/EEC, as amended by 91/156/EEC and 96/350/EEC Waste Framework Directive. Article 4, Waste Management Licensing Regulations 1994 (1994/1056), Animal Waste Directive (90/425/EEC), Air Pollution Directive (84/360/EEC), Animal By-products Order 1992 (SI 1992 No 3303)

Jurisdiction:

England and Wales

Citing:

Cited – Commission of the European Communities (Supported by the United Kingdom) v Hellenic Republic ECJ 7-Jul-2000
When assessing the penalty to be imposed on a member state for failing to comply with a judgement of the court the court had to look at the duration of the breach, its seriousness, and its ability to pay. Here a fine of 20.000 Euros per day was . .
Cited – Regina v Leicester County Council Hepworth Building Products Limited and Onyx (UK) Limited, ex parte Blackfordby and Boothcorpe Action Group Ltd Admn 15-Mar-2000
. .
Appealed to – Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council CA 22-Jan-2002
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment.
Held: An objective was different to a material consideration. An . .

Cited by:

Appeal from – Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council CA 22-Jan-2002
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment.
Held: An objective was different to a material consideration. An . .
Lists of cited by and citing cases may be incomplete.

Animals, Agriculture, Environment, European

Updated: 15 July 2022; Ref: scu.140197

AOB Reuter v Hauptzollamt Hamburg-Jonas: ECJ 24 Apr 2008

ECJ Agriculture – Regulation (EEC) No 3665/87 Article 11 – System of export refunds on agricultural products Condition for the grant of the refund Refund paid to the exporter after submission of documents forged by its contracting partner Goods not exported Conditions for the application of sanctions.

Citations:

C-143/07, [2008] EUECJ C-143/07

Links:

Bailii

Statutes:

Regulation (EEC) No 3665/87

Jurisdiction:

European

Agriculture

Updated: 14 July 2022; Ref: scu.267099

Schwaninger Martin, Viehhandel – Viehexport v Zollamt Salzburg, Erstattungen: ECJ 28 Feb 2008

ECJ Opinion – Export refunds – Protection of bovine animals during transport – Rest periods – Route plan

Citations:

C-207/06, [2008] EUECJ C-207/06 – O

Links:

Bailii

Statutes:

Regulation (EC) No 615/98, Directive 91/628/EEC

Jurisdiction:

European

Cited by:

Opinion – Schwaninger Martin, Viehhandel – Viehexport v Zollamt Salzburg, Erstattungen ECJ 17-Jul-2008
ECJ Regulation (EC) No 615/98 – Export refunds – Welfare of live bovine animals during transport – Directive 91/628/EEC – Applicability of the rules relating to the protection of animals during transport – Rules . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Animals

Updated: 13 July 2022; Ref: scu.266099

Belgium v Commission (Agriculture): ECJ 10 Jan 2008

ECJ Appeal EAGGF Arable crop sector Clearance of EAGGF accounts Reliable and operational inspection system Expenditure excluded from Community financing Flat-rate correction Retrospective application of the rules relating to checks Implicit obligations Principle of proportionality Legal certainty Unlimited jurisdiction

Judges:

C.W.A. Timmermans, P

Citations:

C-418/06, [2008] EUECJ C-418/06

Links:

Bailii

European, Agriculture

Updated: 12 July 2022; Ref: scu.263463

Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 13 Jul 2006

ECJ (Opinion) Community aid schemes – Beef sector – Identification and registration of bovine animals – Slaughter premium – Integrated administration and control system – Community reductions and exclusions – National sanctions

Judges:

Leger AG

Citations:

C-45/05, [2006] EUECJ C-45/05

Links:

Bailii

Cited by:

Opinion – Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit ECJ 24-May-2007
ECJ Agricultural structures Community aid schemes Beef and veal sector Identification and registration of bovine animals Slaughter premium Exclusion and reduction . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 11 July 2022; Ref: scu.253336

Eichsfelder Schlachtbetrieb GmbH v Hauptzollamt Hamburg-Jonas: ECJ 21 Jul 2005

ECJ Agriculture – Common organisation of the markets – Export refunds – Conditions for granting them – Import of the product into the non-member country of destination – Meaning – Customs formalities for release for consumption in the non-member country – Substantial processing or working – Reimportation into the Community – Abuse of law.

Citations:

C-515/03, [2005] EUECJ C-515/03

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 10 July 2022; Ref: scu.229141

Rockall v Department for Environment, Food and Rural Affairs: Admn 22 Mar 2007

The defendant appealed against his conviction under the Act, saying that the proceedings had been issued late. The issue was the calculation of the date when proceedings were begun.
Held: There was no justification for reading the wording of the two Acts differently despite the extended time limit allowed by the 1967 Act. The time limit expired over a weekend, but the complaint was received by fax. An information was laid by fax at the point where it could have been read: ‘the essential concept running through all these authorities is that the information should be made available to the justices, or the clerk to the justice, within time. This will be so in relation to postal delivery when it can properly be inferred that it has been received, whether opened or not; and as far as transmissions by fax or other electronic means are concerned, that will be when it can properly be inferred that the information is retrievable, whether retrieved in fact or not. ‘ On that basis the appeal was denied.

Judges:

Latham LJ, Davis J

Citations:

Times 11-May-2007, [2007] EWHC 614 (Admin)

Links:

Bailii

Statutes:

Forestry Act 1967 17(1), Magistrates’ Court Act 1980 127(1)

Jurisdiction:

England and Wales

Citing:

Cited – Rex v Willace 1797
The commencement of a prosecution was held to be ‘the information and proceeding before the magistrate’. . .
Cited – Price v Humphries 1958
The court was asked whether or not the prosecution had proved that the relevant proceedings had been ‘instituted’ by or with the consent of the minister or other authorised agent as required by section 53(1) of the National Insurance Act 1946.
Cited – Regina v Manchester Stipendiary Magistrate, ex parte Hill and others HL 1993
The complaint had been laid before Magistrates before the expiration of the time limit, but was only considered and the summons issued after the time limit. The House also considered the power of delegation where a justice of the peace or the clerk . .
Cited – Director of Public Prosecutions v Cottier QBD 22-Feb-1996
Proceedings against a youth begin at court; notice need not be given to the youth panel before the charge itself is made at police station. When considering whether proceedings have been ‘begun’ in any court for the section Saville LJ, said: ‘We . .
Mentioned – Lloyd v Young Admn 1963
There had been doubt on the face of the summons as to the date of the laying of the information.
Held: The court concluded on the evidence that the Justices were entitled to dismiss the information because of the doubts of the date. . .
Cited – Regina v Pontypridd Juvenile Court ex parte B and others Admn 1988
The court was asked about compliance with the time limits in the 1980 Act. There was a computer link between the police station and the magistrates’ court. The practice for laying an information was for the police to feed the information into the . .
Cited – Atkinson v Director of Public Prosecutions Admn 12-May-2004
The court considered how to apply the time limits in the section. There was a system for automatic electronic communication between the police and the court office. The six month time limit expired on the 16th December. The documents served on the . .

Cited by:

See Also – Rockall v Department for Environment, Food and Rural Affairs Admn 9-May-2008
The defendant appealed by way of case stated against his conviction for having felled more than five cubic metres of wood without a licence. He argued that the summons had been issued out of time.
Held: The request to state a case failed. . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Agriculture

Updated: 10 July 2022; Ref: scu.250593

Maatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 22 Jun 2006

ECJ (Opinion) Agricultural structures – Community aid schemes – Beef and veal sector – Available forage area – Parcel temporarily under water during the period in question

Judges:

Leger AG

Citations:

C-34/05, [2006] EUECJ C-34/05

Links:

Bailii

Statutes:

Regulation (EEC) No 3887/92, Regulation (EC) No 1254/1999

Cited by:

Opinion – Maatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit ECJ 1-Mar-2007
ECJ (Judgment) Community aid schemes Regulation (EEC) No 3887/92 Beef and veal sector Regulation (EC) No 1254/1999 Available forage area Definition Special premium Conditions for granting Parcel of land . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 10 July 2022; Ref: scu.249904

National Farmer’s Union v Secretariat general du Gouvernment: ECJ 22 Oct 2002

The applicant sought to challenge the respondent’s decision to refuse entry for British Beef to France, even though the lifting of the ban had been ordered by the Commission.
Held: The respondent was not entitled to seek to rely in justification upon matters which had come to its attention after the ban had been lifted.

Judges:

Iglesias, Puissochet, Wathelet, Schintgen, Gulmann, Edward, Skouris, Macken, Colneric, Rodrigues, Rosas JJ

Citations:

Times 24-Oct-2002, [2002] EUECJ C-241/01, C-241/01

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 10 July 2022; Ref: scu.177490

Regina v Ministry of Agriculture, Fisheries and Food ex parte Lay and Gage: Admn 15 May 1995

The claimants sought damages for the wrong interpretation of the law by the Ministry, which had restricted their rights to milk quota.
Held: Making an administrative decision which was in breach of European law was not enough in itself to justify a claim in damages, there had to be some misinterpretation of European law. The respondent acted bona fide, and made an excusable mistake as to the interpretation of a legislative provision which was not clear or precise. No claim for damages lay against them.

Judges:

Mr Justice Latham

Citations:

Unreported, 15 May 1995

Jurisdiction:

England and Wales

Citing:

Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Applied – Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4) ECJ 5-Mar-1996
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete . .
Cited – Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd ECJ 23-May-1996
The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages.
LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative, European

Updated: 08 July 2022; Ref: scu.136186

Regina v Ministry of Agriculture Fisheries and Food ex parte Lower Burytown Farms Limited and National Farmers Union and others: Admn 1 Aug 1995

The applicants were farmers who had claimed payments under the set-aside scheme. Payment was refused on the basis that they had claimed too much, but payment was ordered to be made after a ruling in Europe. They now sought judicial review of a refusal to pay interest on the payments withheld. The claims were wrong, but not fraudulent. Interest was payable if the sum claimed was owed as a debt.
Held: The sums would not have been claimable by writ, and orders for review were granted.

Judges:

Mr Justice Laws

Citations:

[1995] EWHC Admin 2

Links:

Bailii

Statutes:

Council Regulation 1765/92

Jurisdiction:

England and Wales

Citing:

Cited – Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council CA 31-Jul-1997
Courts must not get tied up in public law/private law judicial review or other arguments when remedies and results provided by both jurisdictions are similar. The guidelines set down involved: ‘not only considering the technical questions of the . .
Cited – Samara v Commission ECJ 17-Feb-1987
ECJ Once the court has delivered a judgment annulling the decision on the classification of an official, and the administration, in giving effect to that judgment, no longer enjoys any measure of discretion, . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative

Updated: 08 July 2022; Ref: scu.136187

Hauptzollamt Hamburg-Jonas v ZVK Zuchtvieh-Kontor GmbH: ECJ 23 Nov 2006

ECJ Directive 91/628/EEC – Protection of animals during transport – Watering and feeding intervals, journey times and resting periods – Definition of -travel (Transportdauer) – Account to be taken of the time taken to load and unload the animals.

Citations:

C-300/05, [2006] EUECJ C-300/05

Links:

Bailii

Statutes:

Directive 91/628/EEC

Jurisdiction:

European

Agriculture

Updated: 08 July 2022; Ref: scu.246403

Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite: ECJ 26 Oct 2006

ECJ Entitlement of individuals to rely on the unlawfulness of Community regulations before national courts – Good reason to doubt the admissibility of actions brought by individuals for the annulment of such regulations (Article 230(4) EC) – Common organisation of the markets in the sugar sector – Isoglucose production quotas – Treatment of isoglucose merely arising as an intermediate product in the manufacture of other products intended for sale

Judges:

Kokott AG

Citations:

C-441/05, [2006] EUECJ C-441/05 – O

Links:

Bailii

Cited by:

Opinion – Roquette Freres v Ministre de l’Agriculture, de l’Alimentation, de la Peche et de la Ruralite ECJ 8-Mar-2007
ECJ Common organisation of the markets in the sugar sector Isoglucose Determination of the basic quantities used for the allocation of production quotas Isoglucose produced as an intermediate product Article . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 08 July 2022; Ref: scu.246019

NV Raverco (C-129/05), Coxon and Chatterton Ltd (C-130/05) v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 28 Sep 2006

ECJ Directive 97/78/EC – Regulation (EEC) No 2377/90 – Veterinary checks – Products entering the Community from third countries – Redispatch of products that do not satisfy the import conditions – Seizure and destruction.

Citations:

C-130/05, [2006] EUECJ C-130/05

Links:

Bailii

Statutes:

Directive 97/78/EC

European, Agriculture

Updated: 07 July 2022; Ref: scu.245151

Horvath, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 21 Jul 2006

The claimant sought to challenge the validity of the 2004 Regulations whereby the payment under the Single Payment Scheme was reduced because of the existence of a public right of way across the land.
Held: ‘there are cogent arguments for the validity of the crucial paragraphs of the England Regulations. My preliminary view is that the addition of the words ‘and environmental’ were intended to widen the scope of the minimum requirements. The reference in Annex IV to ‘habitats’ is significant. It appears to me that visible rights of way can properly be described as ‘landscape features’. ‘ The question was to be referred to the European Court of Justice.

Judges:

Crane J

Citations:

[2006] EWHC 1833 (Admin)

Links:

Bailii

Statutes:

Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004, Rights of Way Act 1980

Jurisdiction:

England and Wales

Citing:

Cited – Regina v International Stock Exchange, ex parte Else (1982) Ltd CA 1993
The court gave guidance on the circumstances under which questions should be referred to the European Court of Justice. . .
Cited – Gomez de la Cruz Talegon v Commission ECFI 9-Feb-2000
Europa Officials – Request for reclassification in grade – Objection of inadmissibility – Material new fact – Admissibility. . .
Cited – European Parliament v Council of the European Union 162111 ECJ 25-Feb-1999
ECJ Regulations on the protection of forests against atmospheric pollution and fire – Legal basis – Article 43 of the EC Treaty – Article 130s of the EC Treaty – Parliament’s prerogatives.
Cited – Etablissements Armand Mondiet SA v Armement Islais SARL ECJ 24-Nov-1993
Europa Where the high seas are concerned, the Community has the same rule-making authority in matters within its jurisdiction as that conferred under international law on the State whose flag the vessel is flying . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Land, European

Updated: 07 July 2022; Ref: scu.243368

Belgium v Commission (Agriculture) French Text: ECFI 25 Jul 2006

ECJ EAGGF – Clearance of accounts – Arable crops – Check on areas based on an aerial orthoimagery system (GIS) – Difference between the area declared and the area resulting from the GIS system – Administrative check and inspection on site – Loss to EAGGF

Citations:

T-221/04, [2006] EUECJ T-221/04

Links:

Bailii

European, Agriculture

Updated: 07 July 2022; Ref: scu.243411

Corporation of London, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs and others: HL 21 Jun 2006

The old markets of the City of London enjoyed a common law right to prevent the opening of other markets within seven miles. Covent Garden had granted leases for the sale of products other than vegetables and fruit and wanted to allow the face to face sale of fish and meat. The corporation sought on behalf of the other markets judicial review of the decision to allow such sales, and now appealed the grant of judicial review of its decision.
Held: The appeal succeeded. The Act gave the market wide powers and there was no express restriction on what could be sold. The Court of Appeal had wrongly concentrated on only one power in the Act, and ‘the judicial review attack on the Minister’s consent of 20 June 2003 must fail. ‘

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Mance

Citations:

[2006] UKHL 30, Times 26-Jun-2006

Links:

Bailii

Statutes:

Covent Garden Market Act 1961

Jurisdiction:

England and Wales

Citing:

Appeal from – Corporation of London v Secretary of State for Environment, Food and Rural Affairs and Another CA 21-Dec-2004
Billingsgate and Smithfield markets sought through the Corporation to prevent Covent Garden market allowing the sale of fish and meat.
Held: Parliament could not have intended to allow Covent Garden to carry on an activity in competition with . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative

Updated: 06 July 2022; Ref: scu.242662