Europa Agriculture – common organization of the market – milk and milk products – special rights of the milk marketing boards – price differentiation for whole milk according to its intended use – permissible – reference to the intended use of a processed product – not permissible (council regulation no 1422/78, art. 9 (1); commission regulation no 1565/79, art. 6 (2))
Case 23/84
Updated: 11 April 2022; Ref: scu.133808
C-10/79
Updated: 10 April 2022; Ref: scu.132813
Agricultural price freeze.
C-16/79
Updated: 10 April 2022; Ref: scu.132818
C-244/78
Updated: 10 April 2022; Ref: scu.132791
Agricultural price freeze.
C-5/79
Updated: 10 April 2022; Ref: scu.132809
C-151/78
Updated: 10 April 2022; Ref: scu.132733
Europa In sectors covered by a common organization of the market, and especially when this organization is based on a common price system, member states can no longer take action, through national provisions taken unilaterally, affecting the machinery of price formation as established under the common organization. Article 103, which refers to member states’ conjunctural policies, does not relate to those areas already subject to common rules such as the organization of agricultural markets. The only way compatible with community law of enabling member states to attain, in a sector covered by a common organization of the market, the objectives sought by national legislation and intended to combat a rise in prices, is for those states to take, at the community level, the necessary action for the purpose of prompting the competent community authority to institute or authorize measures which are consistent with the single market. The price system established by regulations nos 120/67 and 136/66 is applicable solely at the production and wholesale stage, with the result that these provisions leave member states free – without prejudice to other provisions of the treaty – to take the appropriate measures relating to price formation at the retail and consumption stages, on condition that they do not jeopardize the aims or functioning of the common organization of the market in question.
C-31/74
Updated: 10 April 2022; Ref: scu.132372
Europa Table wines, in order to be entitled to that designation and to move freely in the territory of the member states, need not comply with any rules of analysis other than those laid down in regulation no 816/70. A member state may not require in respect of wines from another member state an accompanying certificate other than that governed by community regulations. A member state may in the present state of community law apply as a national measure of control a presumption in law of over-alcoholization which is based on the proportion of alcohol to the dry extract measured by the 100* method, provided that that presumption is capable of being rebutted and that it is applied in such a way as not to place at a disadvantage, in law or in fact, as a measure having an effect equivalent to a quantitative restriction, wines from other member states.
C-10/75
Updated: 10 April 2022; Ref: scu.132185
Europa Agriculture – common organization of the markets – cereals – export licences – refund fixed in advance – deposit – amount – fixing such amount (Regulation no 102/64 of the commission, article 7)
C-26/70
Updated: 10 April 2022; Ref: scu.131920
Europa 1. Agriculture – common organization of the markets – milk – imports subject to the production of a licence – importation impossible during the term of validity of such licence – case of force majeure – ‘ engine failure ‘ within the meaning of article 6(3) of regulation no 136/64/eec of the commission – concept 2. Force majeure – concept 3. Agriculture – common organization of the markets – milk – importation subject to the production of a licence – importation impossible during the term of validity of such licence – case of force majeure relied on by the importer – evidence to be adduced (regulation no 136/64/eec, article 6(2)) 4. Agriculture – common organization of the markets – milk – importation subject to the production of a licence – importation impossible during the term of validity of such licence – case of force majeure – national courts – jurisdiction in cases not referred to in article 6(3) or not recognized by the national authorities in accordance with article 6(4) of regulation no 136/64/eec 1. The concept of ‘ engine failure ‘ referred to in article 6(3) of regulation no 136/64/eec does not include failures which occur in machinery intended for the production of goods. 2. As the concept of force majeure is not identical in the different branches of law and the various fields of application, the significance of this concept must be determined on the basis of the legal framework within which it is intended to take effect. Recognition of a case of force majeure presupposes that the consequences of the unusual event to which this concept relates cannot be avoided. 3. Within the meaning of regulation no 136/64/eec, when an importer relies on force majeure he must show that he was unable to effect the importation within the period laid down as a result of unusual circumstances outside his control, the consequences of which, in spite of the exercise of all due care on his part, he could not have avoided except at the cost of excessive sacrifice. 4. The courts of member states may, within the limits of their own jurisdiction, recognize the existence of a case of force majeure not only when the situation relied on is included in those enumerated in article 6(3) or when it has been recognized by the national authorities in accordance with paragraph (4), but also in other specific cases which justify the application of the exemption referred to in article 6(2).
C-4/68
Updated: 10 April 2022; Ref: scu.131867
1. Internal taxation – non-discrimination – potable spirits (EEC treaty, article 95) 2. Agriculture – potable spirits – not an agricultural product (regulation no 7) 3. Agriculture – establishment of the common market – exceptions – strict interpretation. 1. The taxation of potable spirits imported from one member state on the basis of a notional alcoholic content amounts to discrimination incompatible with article 95 of the EEC treaty. 2. As potable spirits are not agricultural products (regulation no 7(a) of 18 December 1959) they are not subject to the provisions of articles 39 to 46 of the treaty. 3. In agriculture the permitted derogations 3. In agriculture the permitted derogations from certain rules laid down for the establishment of the common market are exceptions and as such must be strictly interpreted.
C-45/64
Updated: 10 April 2022; Ref: scu.131766
A Cattle Breed Society was not obliged by the Directive to admit and register pure bred cattle living in Ireland.
Times 19-Jul-1995, Ind Summary 11-Sep-1995
Updated: 09 April 2022; Ref: scu.86843
The defendants exported beef without the requisite certificates. The UK rules had been made before a Directive came into effect. On appeal after conviction the defendant argued that the rules purported to take account of future amendments. It was held that for a criminal sanction to be applicable, Regulations could not give effect to directives made by a third party without appropriate and explicit incorporation of those amendments. A regulation imposing sanctions for failure to comply with an EC Directive is not to be read as applying to future amendments to the Directive unless the wording of the regulations is such as clearly to take account of the possibility of future amendments.
Kennedy LJ and Jackson
Times 12-Oct-2000, Gazette 03-Aug-2000, [2001] EHLR 5
Applied – Secretary of State for Environment, Food and Rural Affairs v ASDA Stores Ltd and Another QBD 24-Jun-2002
The defendant store had been accused of failing to comply with standards for grading of agricultural produce. They had been acquitted, following Mayne, on the basis that the prosecution was under European regulations introduced after the Act . .
Cited – Department for Environment, Food and Rural Affairs v ASDA Stores Limited and another HL 18-Dec-2003
The company was prosecuted for offences under the Regulations, relating to the designation of horticultural produce for sale. The original Act had been relied upon to implement the European regulations after entry to the EU.
Held: The offences . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.83488
Despite the requirement for statutory notices, an agricultural tenancy could be terminated by an implied agreement for surrender. Nevertheless, a formal lease to a partnership was not to be deemed to be surrendered on the death of one partner, where the lease had been entered into in circumstances which suggested that the tenants did not appreciate technical the legal significance of the documents.
Times 22-Aug-2000
Agricultural Holdings (Scotland) Act 1991 21(1)
Updated: 09 April 2022; Ref: scu.82819
German authorities could exclude farmers Belgian production to calculate quantity.
Gazette 21-Feb-1996
European
Updated: 08 April 2022; Ref: scu.80960
Whether a garden centre was an agricultural holding was a question of fact and degree.
Times 06-Oct-1995
Scotland
Updated: 08 April 2022; Ref: scu.79144
Agriculture and Fisheries – Opinion Appeal – EAGF – Exclusion of certain expenditure from the financing of the European Union – Expenditure incurred by the Czech Republic – Protection of vineyards against animals and birds – Legal certainty – Protection of legitimate expectations – Right to be heard
ECLI: EU: C: 2018: 237, [2018] EUECJ C-4/17P – O
European
Updated: 07 April 2022; Ref: scu.608634
Placing On The Market of Plant Protection Products – Judgment – Appeal – Plant protection products – Implementing Regulation (EU) 2015/408 – Placing on the market of plant protection products and establishing a list of candidates for substitution – Inclusion of active substance metalaxyl in that list – Action for annulment – Admissibility – Article 263, fourth paragraph, TFEU – Regulatory act that does not entail implementing measures – Individually concerned person
ECLI:EU:C:2018:177, [2018] EUECJ C-244/16P
European
Updated: 05 April 2022; Ref: scu.606011
Agriculture and Fisheries – Judgment – EAGF – Expenditure excluded from financing – Area aid – Expenditure by Portugal – Legitimal expectations – Article 41 (3) of Regulation (EC) No 73/2009 – Article 31 (2) of Regulation (EC) No 1290/2005 – Proportionality
T-462/16, [2018] EUECJ T-462/16
European
Updated: 05 April 2022; Ref: scu.606021
Placing On The Market of Plant Protection Products – Judgment
C-384/16, [2018] EUECJ C-384/16P
European
Updated: 05 April 2022; Ref: scu.606006
The claimant farming company appealed against reduction of its claim for payment under the single farm scheme after an employee had been convicted of an offence under the 1981 Act.
Held: The claim succeeded. The ability to reduce the payment arose only where the act of non-compliance was ‘directly attributable’ to the person applying for the payment.
May DBE J
[2018] EWHC 378 (Admin), [2018] WLR(D) 148
Wildlife Conservation Act 1981 1
England and Wales
Updated: 05 April 2022; Ref: scu.605889
(New Zealand) The claimants sought damages. The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. The plants were particularly sensitive to such chemicals.
Held: Dismissing the company’s appeal, the water supplier had a general duty to supply water to accepted standards. The water company had done this. The claimant had failed to show that it had brought its particular needs to the attention of the water company, and a claim in contract failed. The Ashington Piggeries case did not apply because in this case there was one supply of one product. Negligence could not be established without accepting a higher duty to some consumers. No such duty was established. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage.
Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith
Times 05-Mar-2002, [2002] 3 NZLR 308, [2002] BCL 310, Appeal No 57 of 2000, [2002] UKPC 9
PC, (1) G.J. Hamilton and ‘ target=’_n’>PC, Bailii, PC
England and Wales
Cited – Christopher Hill Ltd v Ashington Piggeries Ltd HL 1972
Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula.
Held: There was reliance as to the suitability of the ingredients only.
Lord Diplock said: ‘Unless the Sale of Goods Act 1893 is to be allowed . .
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 April 2022; Ref: scu.167739
Lang DBE J
[2018] EWHC 226 (Admin)
England and Wales
Updated: 04 April 2022; Ref: scu.604760
Application for a declaration that the property is an agricultural holding within the meaning of the Agricultural Holdings Act 1986, and/or an order for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 of the property, and/or a declaration that the tenancy of the property continues and/or that the claimants are entitled to such interest as the court thinks fit by way of proprietary estoppel.
[2018] EWHC 106 (Ch)
Agricultural Holdings Act 1986
England and Wales
Updated: 04 April 2022; Ref: scu.604202
Agriculture and Fisheries – Fruit and Vegetables Agriculture and Fisheries – Fruit and Vegetables – Products Processed From Fruit and Vegetables Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Operational programme in the fruit and vegetables sector – Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 361/2008 – Articles 103b, 103d and 103g – EU financial aid – Regulation (EU) No 543/2011 – Article 60 and point 23 of Annex IX – Investments on the holdings and/or premises of the producer organisations – Concept – Legitimate expectations – Legal certainty
ECLI:EU:C:2017:1011, [2017] EUECJ C-516/16
European
Updated: 02 April 2022; Ref: scu.602084
Agriculture and Fisheries – Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Protection of protected designations of origin (PDOs) – Regulation (EC) No 1234/2007 – Article 118m(2)(a)(ii), (b) and (c) – Regulation (EU) No 1308/2013 – Article 103(2)(a)(ii), (b) and (c) – Scope – Exploitation of the reputation of a PDO – Misuse, imitation or evocation of a PDO – False or misleading indication – PDO ‘Champagne’ used in the name of a foodstuff – The name ‘Champagner Sorbet’ – Foodstuff containing champagne as an ingredient – Ingredient conferring on the foodstuff an essential characteristic
ECLI:EU:C:2017:991, [2017] EUECJ C-393/16
European
Updated: 02 April 2022; Ref: scu.602076
Agriculture and Fisheries – Fisheries Policy – Appeal – Regulation (EC) No 834/2007 – Production and labelling of organic products – Regulation (EC) No 889/2008 – Implementing Regulation (EU) No 1358/2014 – Interest in bringing proceedings – Notion of ‘personal benefit’
C-268/16, [2017] EUECJ C-268/16P
European
Updated: 02 April 2022; Ref: scu.602069
Judgment
C-671/15, [2017] EUECJ C-671/15
European
Updated: 01 April 2022; Ref: scu.599666
Judgment
C-227/16, [2017] EUECJ C-227/16
European
Updated: 01 April 2022; Ref: scu.599667
Appeal – State aid – Aid granted by the Italian Republic to milk producers – Aid scheme linked to the reimbursement of the milk levy – Conditional decision – Decision adopted by the Council of the European Union pursuant to the third subparagraph of Article 108(2) TFEU – Regulation (EC) No 659/1999 – Article 1(b) and (c) – Existing aid – New aid – Definitions – Alteration to existing aid in breach of a condition ensuring compatibility of the aid with the internal market
ECLI:EU:C:2017:799, C-467/15, [2017] EUECJ C-467/15
European
Updated: 01 April 2022; Ref: scu.598850
Control and Reduction of Sea Lice On Fish Farms
[2017] ScotIC 142 – 2017
Scotland
Updated: 30 March 2022; Ref: scu.595847
Judgment – Appeal – Agriculture – Poultrymeat – Frozen chickens – Export refunds – Implementing Regulation (EU) No 689/2013 fixing the refund for zero euro – Legality – Regulation (EC) No 1234/2007 – Articles 162 and 164 – Subject-matter and nature of refunds – Criteria for fixing the amounts thereof – Competence of the Director-General of the Directorate-General for Agriculture and Rural Development to sign the contested regulation – Misuse of powers – Comitology – EU) No 182/2011 – Article 3 (3) – Consultation of the Management Committee for the Common Organization of Agricultural Markets – Delivering of the draft Regulations at the meeting of that Committee – Compliance with deadlines – Violation of forms – Cancellation with maintenance of effects
C-183/16, [2017] EUECJ C-183/16
European
Updated: 30 March 2022; Ref: scu.595419
(Agriculture and Fisheries – European Agricultural Guidance and Guarantee Fund (Eaggf) : Judgment – EAGGF and EAFRD – Expenditure excluded from financing – Regulation (EC) No 1290/2005 – Direct support scheme for farmers – Regulations (EC) No 73/2009 and 1122/2009 – Milk quota system – ) Nos 1788/2003 and 595/2004 – Replacement of on-the-spot inspections of agricultural holdings by administrative checks
ECLI:EU:T:2017:639, [2017] EUECJ T-261/16
European
Updated: 30 March 2022; Ref: scu.595407
(Judgment) Agriculture – Animal health – National emergency measures against bovine spongiform encephalopathy – Specified risk material
C-477/98, [2000] EUECJ C-477/98
European
Updated: 29 March 2022; Ref: scu.162575
ECJ (Agriculture – Placing of Plant Protection Products On The Market : Judgment) Reference for a preliminary ruling – Agriculture – Placing of plant protection products on the market – Directive 2008/69/EC – Article 3(2) – Procedure for re-evaluation, by the Member States, of authorised plant protection products – Time limit – Divergence between the different language versions
C-293/16, [2017] EUECJ C-293/16
European
Updated: 27 March 2022; Ref: scu.588299
ECJ (Appeal – Community Plant Variety Rights : Judgment) Appeal – Community plant variety rights – Application for a Community plant variety right – Apple variety ‘Gala Schnitzer’ – Technical examination – Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) – Regulation (EC) No 1239/95 – Article 23(1) – Powers of the President of the CPVO – Addition of a distinctive characteristic on completion of the technical examination – Stability of the characteristic during two growing cycles
C-625/15, [2017] EUECJ C-625/15
European
Updated: 27 March 2022; Ref: scu.588298
(Agriculture and Fisheries : Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Article 78 and Annex VII, Part III – Decision 2010/791/EU – Definitions, designations and sales descriptions – ‘Milk’ and ‘milk products’ – Designations used for the promotion and marketing of purely plant-based products
ECLI:EU:C:2017:458, [2017] EUECJ C-422/16
European
Updated: 27 March 2022; Ref: scu.588304
Landlord and tenant – Agricultural Holdings Act 1986 – right to succession on retirement of tenant – eligibility dependent on nominated successor deriving principal livelihood from the holding for five years ‘in the last seven years’ – whether this ‘livelihood condition’ must be satisfied for the seven year period prior to the Tribunal’s determination of the successor’s application for a new tenancy as well as for the seven year period prior to the tenant’s retirement notice
[2017] UKUT 237 (LC)
Agricultural Holdings Act 1986
England and Wales
Updated: 26 March 2022; Ref: scu.587783
(Judgment) Appeal – EAGF and EAFRD – Commission Implementing Decision – Notification to the addressee – Subsequent correction of the printing format of the Annex – Publication of the decision in the Official Journal of the European Union – Time-limit for appeal – Point – Late – Inadmissibility
ECLI:EU:C:2017:381, [2017] EUECJ C-337/16
European
Updated: 26 March 2022; Ref: scu.584340
(Judgment) Appeal – EAGF and EAFRD – Commission Implementing Decision – Notification to the addressee – Subsequent correction of the printing format of the Annex – Publication of the decision in the Official Journal of the European Union – Time-limit for appeal – Point – Late – Inadmissibility
[2017] EUECJ C-338/16, ECLI:EU:C:2017:382
European
Updated: 26 March 2022; Ref: scu.584341
ECJ Judgment – Plant varieties – Application for revocation of the Community plant variety right for SEIMORA – Application for annulment of the Community plant variety right granted to the variety SEIMORA – Application for Community plant variety rights in respect of the variety SUMOST 02 – Composition of the Board of Appeal of the CPVO – Principle of impartiality
T-425/15, [2017] EUECJ T-425/15, ECLI:EU:T:2017:305, [2021] EUECJ T-425/15DEPII_CO
European
Updated: 26 March 2022; Ref: scu.584349
The applicant challenged restrictions on salmon fishing imposed by the respondent. At first instance they were held to be irrational, and the Agency appealed.
Held: The Regulations were not irrational and that element of the appeal succeeded, but they did amount to an interference with the claimant’s A1P1 rights, and should not have been imposed without payment of compensation.
Lord Dyson MR, McFarlane, Beatson LJJ
[2016] EWCA Civ 564, [2017] Env LR 1, [2016] 1 WLR 4338
European Convention on Human Rights A1P1
England and Wales
Appeal from – Mott, Regina (on The Application of) v The Environment Agency and Another Admn 13-Feb-2015
The claimant challenged new conditions imposed on licences to operate his salmon fishery in the Severn Estuary, which operated to defeat his tenancy of the fishery.
Held: The request for review succeeded. The decisions to impose the catch . .
Cited – Back v Finland ECHR 20-Jul-2004
The claimant was the owner of a substantial debt owed by another individual. However the value of his debt was reduced to a very small level when the debtor entered a statutory scheme for compromise of debts.
Held: It must be open to a . .
Cited – Sporrong and Lonnroth v Sweden ECHR 18-Dec-1984
Balance of Interests in peaceful enjoyment claim
An interference with the peaceful enjoyment of possessions must strike a fair balance between the demands of the general interests of the community and the requirements of the protection of the individual’s fundamental rights. This balance is . .
Cited – Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Mott, Regina (on The Application of) v Environment Agency SC 14-Feb-2018
The Court considered the legality under the European Convention on Human Rights of licensing conditions imposed by the Environment Agency restricting certain forms of salmon-fishing in the Severn Estuary. The claimant operated a licensed putcher . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 March 2022; Ref: scu.565728
Agriculture and Fisheries Agriculture and Fisheries – Order
C-176/16, [2017] EUECJ C-176/16 – CO
European
Updated: 24 March 2022; Ref: scu.581780
ECJ Judgment : Common Agricultural Policy – Eafrd Financing – Rural Development Support – Reference for a preliminary ruling – Common agricultural policy – EAFRD financing – Rural development support – Natura 2000 payments – Eligibility limited to private owners – Forest area partially owned by the State
ECLI:EU:C:2017:244, [2017] EUECJ C-315/16
European
Updated: 24 March 2022; Ref: scu.581706
ECJ Judgment – EAGF and EAFRD – Expenditure excluded from financing – Rural development – Reparcelling and renovations of villages – Criteria for selecting operations – Principle of loyal cooperation – Subsidiarity – Legitimate expectation – Proportionality – Obligation to state reasons
T-28/16, [2017] EUECJ T-28/16, ECLI:EU:T:2017:242
European
Updated: 24 March 2022; Ref: scu.581712
ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Regulation (EC) No 1782/2003 – Regulation (EC) No 796/2004 – Aid scheme for the surface area – Concept of permanent pasture – Obligation to state reasons – Proportionality – Fixed financial correction – Deduction from previous correction
T-112/15, [2017] EUECJ T-112/15
European
Updated: 24 March 2022; Ref: scu.581704
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 relating to journey times and rest periods and to the transportation of bovine animals by sea to a destination outside of the Community – Feeding and watering of the animals during the journey
[2008] EUECJ C-207/06
Regulation (EC) No 615/98, Directive 91/628/EEC
European
Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 March 2022; Ref: scu.581323
(Judgment) EAGF and EAFRD – Expenditure excluded from financing – Integrated administration and control – Reductions and exclusions in case of non-compliance with the rules of conditionality – Minor Non-compliance – Article 24, paragraph 2 of Regulation (EC) No 73/2009 – Article 71, paragraph 3 of Regulation (EC) No 1122/2009 – Burden of proof – Interpretation of Annex II of Regulation (EC) No 73/2009
ECLI:EU:T:2017:230, [2017] EUECJ T-501/15
European
Updated: 24 March 2022; Ref: scu.581307
Lease – Deviation from Mode of Cropping – Penalty. – A tack stipulated that the tenant was at liberty to deviate from the mode of cropping and management laid down in the tack upon his paying andpound;2. per acre more of additional rent to the landlord. He departed from the mode of cropping. Held, in the Court of Session, that he was liable to pay the andpound;2. of additional rent. Reversed in the House of Lords, and case remitted to ascertain and determine specially what was the number of acres the tenant became bound to cultivate in the manner specified in the tack, and what was the number of acres cultivated contrary to the conditions thereof.
[1789] UKHL 3 – Paton – 119
Scotland
Updated: 23 March 2022; Ref: scu.580994
ECJ (Agriculture and Fisheries : European Agricultural Guidance and Guarantee Fund (EAGGF) Agriculture and Fisheries : European Agricultural Guidance and Guarantee Fund (EAGGF) – Judgment) Appeal – EAGGF and EAFRD – Expenditure excluded from funding from the European Union – Rural Development – Regulation (EC) No 1257/1999 – Article 33 b – Support for semi-subsistence farms undergoing restructuring – Obligation to devote at least 50% of the support of restructuring operations
ECLI:EU:C:2017:191, [2017] EUECJ C-105/16
European
Updated: 23 March 2022; Ref: scu.580716
ECJ (Judgment) (Reference for a preliminary ruling – Regulation (EC) No 543/2008 – Article 15(1) – Article 16 – Frozen or quick-frozen chickens – Maximum limit for water content – Obsolescence of that limit – Practical measures for checks – Counter-analysis – Regulation No 612/2009 – Article 28 – Export refunds on agricultural products – Conditions for granting – Sound and fair marketable quality – Products marketable in normal conditions
ECLI:EU:C:2017:188, [2017] EUECJ C-141/15
European
Updated: 23 March 2022; Ref: scu.580698
On a true construction of section 104(5) of the Agriculture Act 1947 a sub-committee or a district committee of a county agricultural executive committee is not excluded from being ‘a person’ who may be appointed by the Minister to hear representations, notwithstanding that it was a fluctuating body of natural persons.
[1955] 2 QB 140
England and Wales
Cited – National Grid Gas Plc, Regina (on the Application of) v The Environment Agency Admn 17-May-2006
The claimant sought a judicial review of the decision to hold them responsible for necessary works of remediation. They were statutory successors to British Gas Corporation.
Held: The legislation clearly attempted to hold the contaminator . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.242436
There was a tenancy from year to year of 7 acres which had on them three cottages, which the tenant in fact sub-let to persons not engaged in agriculture. The tenancy itself contained provisions usual in agricultural tenancies, and the tenant used the land for agriculture. The judge held that the protection afforded to the tenant by the Act in invalidating a notice to quit was limited to land used for agriculture and did not extend to the cottages.
Held: Either the whole of the property demised was subject to the protection of the Act or no part. It took as the test of whether or not the Act applied, whether or not the tenancy was in substance an agricultural tenancy
Somervell LJ, Jenkins LJ, Hodson J
[1951] 1 KB 614
Agricultural Holdings Act 1948 1
England and Wales
Cited – McGowan and Gibbons v Jewell CA 28-Feb-2002
The tenant took farm premises subject to a lease allowing its use for farming purposes only. It prevented its use as a market garden, which would have allowed compensation to be claimed on its termination. He had come to operate several activities . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.183198
ECJ 1. The concept ‘day of importation’, which is conclusive for the purposes of the application of the levy scheme must have the same meaning in all the member states, since otherwise there is a danger that different rates of levy would be applied to goods which are in the same situation economically at the same date and the introduction of which into the territory of the member states has comparable effects on the market in agricultural products. This meaning is to be inferred from the purpose of the levy system.
2. The levies are mainly intended to protect and stabilize the community market, in particular by preventing fluctuations in world market prices from having repercussions within the community.
This aim is best achieved if the levy is fixed on the basis of the date from which the imported goods exercise an influence on the internal market of the community, that is to say, the date on which they finally reach this market and enter into competition with domestic products. The rate of levy applicable must therefore be that in force on the date on which the goods are irrevocably put into free circulation.
3. As regards goods which are stored in deferred levy warehouses (abschoepfungsaufschublager) article 15 of regulation no 120/67 of the council of the european communities must be interpreted as meaning that the day of importation or of the effecting of the importation is the day on which the goods are removed from the warehouse, which implies that they are irrevocably put into free circulation. It is for the legislation of the individual member states to stipulate in detail what factual circumstances or what customs formalities fulfil these conditions.
4. Where goods in respect of which a levy fixed in advance are not removed from store until after the expiry of the period of validity of the import licence, the rate of levy applicable on the date of removal from store must be applied.
R-35/71, [1971] EUECJ R-35/71
European
Updated: 09 February 2022; Ref: scu.214155
Plant varieties – Nullity proceedings – Cripps Pink apple variety – Articles 10 and 116 of Regulation (EC) No 2100/94 – Novelty – Derogative grace period – Definition of exploitation of the variety – Commercial evaluation – Article 76 of Regulation (EC) No 874/2009 – Late submission of evidence before the Board of Appeal – Evidence submitted for the first time before the General Court
T-112/18, [2019] EUECJ T-112/18, [2020] ETMR 1, ECLI:EU:T:2019:679
European
Updated: 09 February 2022; Ref: scu.665256
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 authorities)
[2009] EUECJ C-505/07
European
Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 February 2022; Ref: scu.578899
Europa Agriculture – wine-based aperitifs – community definition – none – power of member states to enact rules as to quality – requirement of minimum proportion of alcohol – permissibility – conditions (council regulations no 816/70, annex ii, point 10, and no 337/79, annex ii, point 11) The appellation ‘wine-based aperitifs’ is not at present governed by community regulations which exclude the application of the national legislation of the member states. Since there are no applicable community regulations the member states continue to have the power to define the standards applicable to the manufacture and marketing of national products called wine-based aperitifs. Therefore a member state may not be prevented from subjecting the manufacturer of wine-based aperitifs to special quality rules, depending on the characteristics of that kind of beverage. If a requirement of a minimum proportion of alcohol is within the community limits, it meets that criterion of quality.
R-204/80, [1982] EUECJ R-204/80
European
Updated: 04 February 2022; Ref: scu.215045
The separate sale of a milk quota on a farmer’s retirement had no capital gains tax exemption. No cessation relief was available on milk quota sold one year after the sale of the herd and the business.
Ind Summary 08-Jan-1996, Times 24-Nov-1995
England and Wales
Updated: 02 February 2022; Ref: scu.90312
(Judgment) Failure of a Member State to fulfil obligations – Directive 98/56/EC – Marketing of propagating material of ornamental plants – Failure to transpose within the prescribed period – Difficulties of interpretation
[2003] EUECJ C-135/01, C-135/01
European
Updated: 02 February 2022; Ref: scu.180069
ECJ (Judgment) EAGGF and EAFRD – Area-related measures – Expenditure excluded from financing – Flat-rate financial corrections – Article 52 of Regulation (EU) No 1306/2013 – Obligation to state reasons – Proportionality
ECLI:EU:T:2017:86, [2017] EUECJ T-145/15
European
Updated: 31 January 2022; Ref: scu.575276
ECJ 1. The term ‘holding’ in Article 12(d) of Council Regulation No 857/84 relating to the application of the additional levy on milk covers all the agricultural production units which are the subject of a lease, even if those units, as leased, had neither dairy cows nor the technical facilities necessary for milk production and the lease provided for no obligation on the part of the lessee to engage in milk production.
2. The fundamental rights recognized by the Court are not absolute, but must be considered in relation to their social function. Consequently, restrictions may be imposed on the exercise of those rights, in particular in the context of a common organization of a market, provided that those restrictions in fact correspond to objectives of general interest pursued by the Community and do not constitute, with regard to the aim pursued, a disproportionate and intolerable interference, impairing the very substance of those rights.
In the light of those criteria, Community rules which, upon the expiry of the lease, had the effect of depriving the lessee, without compensation, of the fruits of his labour and of his investments in the tenanted holding would be incompatible with the requirements of the protection of fundamental rights in the Community legal order. Those requirements are also binding on the Member States when they implement Community rules.
In the context of the transmission, on expiry of the lease of a tenanted holding, of reference quantities attached to the holding and exempt from the additional levy on milk, Regulation No 857/84 leaves the competent national authorities a sufficiently wide margin of appreciation to enable them to ensure that that regulation is applied in a manner consistent with the requirements of the protection of fundamental rights, either by giving the lessee the opportunity of keeping all or part of the reference quantity if he intends to continue milk production, or by compensating him if he undertakes to abandon such production definitively.
3 . Article 5(3 ) of Regulation No 1371/84 relating to the transmission, in the context of the scheme for an additional levy on milk, of reference quantities exempt from the levy in the case of a change of ownership or occupancy of a holding, must be interpreted as applying to the surrender, upon the expiry of the lease, of all the agricultural production units leased, even if those units, as leased, had neither dairy cows nor the technical facilities necessary for milk production and the lease provided for no obligation on the part of the lessee to engage in milk production.
When a regulation confers a discretionary power on a Member State, it must exercise that power in accordance with European Union law
Grevisse P
C-5/88, [1991] 1 CMLR 328, [1989] ECR 2609, R-5/88, [1989] EUECJ R-5/88
European
Cited – Swift and Another v Dairywise Farms Limited and others CA 1-Feb-2001
The company lent money to farmers secured against their milk quotas. They had to petition for a winding up, and the liquidators requested authority to continue the milk loan repayment schemes. The milk quotas had been vested in the farmers, and the . .
Cited – Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others Admn 29-Nov-2010
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice . .
Cited – Faulks v Faulks ChD 1992
One brother, as tenant farmed land under a partnership with his brother. On the death of either partner, an account was to be taken and a valuation. On the death of the tenant, there was a dispute as to whether the value of the farm’s milk quotahad . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 January 2022; Ref: scu.134786
ECJ (Judgment) Reference for a preliminary ruling – Sugar – Production levies – Calculation of the average loss – Calculation of production levies – Regulation (EC) No 2267/2000 – Validity – Regulation (EC) No 1993/2001 – Validity
ECLI:EU:C:2017:105, [2017] EUECJ C-585/15
Regulation (EC) No 2267/200, Regulation (EC) No 1993/2001
European
Updated: 29 January 2022; Ref: scu.573939
ECJ (Judgment) Appeal – European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from the financing of the European Union – Regulation (EC) No 1698/2005, (EC) No 1975/2006 and (EC) No 796 / 2004 – Measures to support rural development – Areas of natural handicap – On-the-spot checks – Livestock density – Counting of animals
ECLI:EU:C:2017:42, [2017] EUECJ C-506/15
European
Updated: 29 January 2022; Ref: scu.573818
ECJ (Judgment) Appeal – European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Regulations (EC) No 1698/2005, (EC) No 1975/2006 and (EC) No 796/2004 – Rural development support measures – Areas with natural handicaps – On-the-spot controls – Coefficient density of livestock – Counting of animals
ECLI:EU:C:2017:55, [2017] EUECJ C-373/15
European
Updated: 29 January 2022; Ref: scu.573807
ECJ (Judgment) Actions for annulment – Fisheries – Regulation (EU) No 1380/2013 – Regulation (EU) No 1367/2014 – Validity – Fishing opportunities – Precautionary approach – Principle of relative stability of fishing activities – Principle of proportionality – Principle of equal treatment – Roundnose grenadier and roughhead grenadier
[2017] EUECJ C-128/15, ECLI:EU:C:2017:3
European
Updated: 28 January 2022; Ref: scu.573266
ECJ (Judgment) Application for the adoption of interim measures – suspension of operation – conditions governing the grant of such a measure – main proceedings brought out of time
[1984] EUECJ C-50/84R
England and Wales
See Also – Bensider v Commission ECJ 27-Nov-1984
. .
Lists of cited by and citing cases may be incomplete.
Updated: 28 January 2022; Ref: scu.573239
ECJ Reference for a preliminary ruling – Common agricultural policy – Common rules for direct support schemes – Single payment scheme – Definition of ‘permanent pasture’ – Land used to grow grass and other herbaceous forage not part of the system of crop rotation of the holding for a minimum of five years – Land ploughed up and sown with a type of herbaceous forage other than that previously grown on it during that period)
[2014] EUECJ C-47/13, ECLI:EU:C:2014:2248
Bailii
European
Citing:
Opinion – Grund v Landesamt fur Landwirtschaft, Umwelt und landliche Raume des Landes Schleswig-Holstein ECJ 30-Apr-2014
ECJ (Advocate General’s Opinion) Agriculture – Direct support scheme – Definition of ‘permanent pasture’ – Land used for more than five years for production of grass or other herbaceous forage – Change of type of . .
Lists of cited by and citing cases may be incomplete.
Agriculture
Updated: 27 January 2022; Ref: scu.572695
Non-contractual liability – Agriculture – Sugar – Exceptional measures – Availability of supply on the EU market – 2010/11 marketing year – Rule of law intended to confer rights on individuals – Sufficiently serious infringement – Regulation (EC) No 1234/2007 – Principle of non-discrimination – Proportionality – Legitimate expectations – Duty of diligence and the principle of sound administration
[2016] EUECJ T-279/11, ECLI:EU:T:2016:683
Bailii
European
Agriculture
Updated: 27 January 2022; Ref: scu.572709
The claimant sought review of a decisionn to allow the continued use of neonicotinoids by farmers threatening, they said, the survival of bees.
Patterson DBE J
[2015] EWHC 3283 (Admin)
Bailii
England and Wales
Agriculture
Updated: 27 January 2022; Ref: scu.554640
The court had to decide the measure of damages. The claimant had lost the opportunity to acquire without charge a milk quota. The claimant asserted an estoppel by convention. This failed. Also the judge had not properly allowed for the marriage value of changes in the value of a second plot becoming used in conjunction with nearby land.
[2001] EWHC Ch 427
Bailii
Dairy Produce Quotas Regulations 1994
England and Wales
Citing:
Cited – Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd CA 1982
The court explained the nature of an estoppel by convention.
Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Damages, Estoppel
Updated: 27 January 2022; Ref: scu.135476
ECJ Judgment – Non-contractual liability – Agriculture – Sugar – Exceptional measures – Availability of supply on the EU market – 2011/12 marketing year – Rule of law intended to confer rights on individuals – Sufficiently serious infringement Regulation (EC) No 1234/2007 – Principle of non-discrimination – Proportionality – Legal certainty – Legitimate expectations – Duty of diligence and the principle of sound administration
T-103/12, [2016] EUECJ T-103/12, ECLI:EU:T:2016:682
Bailii
European
Agriculture
Updated: 26 January 2022; Ref: scu.571979
(Seizure order) Failure of a Member State to fulfil its obligations – Refusal to end the ban on British beef and veal
[2001] EUECJ C-1/00, ECLI:EU:C:2001:687, [2001] ECR I-9989, [2002] 1 CMLR 22
Bailii
European
Agriculture, Consumer
Updated: 26 January 2022; Ref: scu.162787
(Judgment) Approximation of laws – Directive 95/2/EC – Use of sulphites, nitrites and nitrates as food additives – Protection of health – Stricter national provisions – Conditions of application of Article 95(4) EC – Principle of the right to be heard
[2003] EUECJ C-3/00, [2003] ECR I-2643
Bailii
European
Agriculture
Updated: 26 January 2022; Ref: scu.180066
The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now appealed. The landlords argued that the usual requirement for such a notice to be given by the person in whom the reversionary estate is vested did not apply to an agricultural tenancy.
Held: The court rejected that argument. Distinguishing Scribes, West, the argument under section 141 of the 1925 Act failed also.
Norris J
[2016] EWHC 2454 (Ch), [2016] WLR(D) 519
Bailii, WLRD
Land Registration Act 2002 27(10, Agricultural Holdings Act 1986 96, Law of Property Act 1925 141(2), Land Registration Act 2002 24
England and Wales
Citing:
Cited – Stait v Fenner 1912
The lease to Fenner contained a break clause. The lease was legally assigned to X and then to Y. Y then agreed to assign back to Fenner (but no formal assignment was entered). Fenner then ‘assigned’ to Z (the contract saying that he was not obliged . .
Cited – Schalit v Joseph Nadler Ltd CA 1933
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported . .
Cited – Freeman v Hambrook 1947
. .
Cited – Thompson v McCullough CA 1947
Thompson had agreed to buy a tenanted property, had paid part of the purchase price, and had received a conveyance in escrow pending payment of the balance. He at that point gave McCullough notice to quit. Two months later Thompson paid the balance . .
Cited – Lever Finance Ltd v Needleman’s Trustee ChD 1954
In a mortgage, the transferee of a registered charge appointed a receiver during the ‘registration gap’.
Held: Until registration the transferee could not exercise the statutory power to appoint a receiver. . .
Cited – Smith v Express Dairy Limited ChD 1954
Express Dairy (as registered owner) let a shop to Smith, but then transferred its interest to a subsidiary company. The subsidiary did not become registered as owner but nonetheless served notice to quit on Smith.
Held: Unless the subsidiary . .
Cited – Divall v Harrison CA 1992
A notice to quit the agricultural land had been given in the name of the residuary beneficiary, not in the name of the executors in whom the reversion was still vested.
Held: The notice was invalid. The residuary beneficiary was not the . .
Cited – Renshaw v Magnet Properties South East LLP 2008
(Central London County Court) . .
Cited – Lankester and Son Ltd v Rennie and Another CA 2-Dec-2014
The transfer of a lease remained unregistered.
Held: The court acknowledged the importance of not confusing the equitable rights as between transferor and transferee with the legal rights as between landlord and tenant. . .
Distinguished – Scribes West Ltd v Relsa Anstalt and others CA 20-Dec-2004
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and . .
Lists of cited by and citing cases may be incomplete.
Registered Land, Landlord and Tenant, Agriculture
Updated: 24 January 2022; Ref: scu.570346
ECJ (Judgment) Reference for a preliminary ruling – Directive 2000/13/EC – Labelling and presentation of foodstuffs – Article 1(3)(b) – Concept of ‘pre-packaged foodstuff’ – Article 2 – Consumer information and protection – Article 3(1)(8) – Place of origin or provenance of a foodstuff – Article 13(1) – Labelling of a prepackaged foodstuff – Article 13(4) – Packaging or containers the largest surface of which has an area of less than 10 cm2 – Directive 2001/110/EC – Article 2(4) – Indication of the country or countries of origin of honey – Individual portions of honey packaged in cartons supplied to mass caterers – Individual portions sold separately or supplied to ultimate consumers as part of meals for an all-inclusive price – Indication of the country or countries of origin of that honey
ECLI:EU:C:2016:718, [2016] EUECJ C-113/15
Bailii
Directive 2000/13/EC
European
Consumer, Agriculture
Updated: 23 January 2022; Ref: scu.569496
ECJ Agriculture – Common organisation of the markets Milk quotas Levy Validity of Regulation (EC) No 1788/2003 Objectives of the common agricultural policy Principles of non-discrimination and proportionality Determination of the national reference quantity Criteria Relevance of the criterion of a Member State’s milk production deficit
[2009] EUECJ C-34/08, C-34/08
Bailii
European
Agriculture
Updated: 22 January 2022; Ref: scu.568847
An area with a hard surface which was used as a hard standing for feeding sheep, and which was formed by deposit of builder’s rubble was not a habitation and therefore was not used for the accommodation of sheep. Since the landowner was entitled to create such a surface, and entitled to use such waste in that construction, the order to remove it would create unnecessary work and expense.
Times 30-Jan-2001, Gazette 22-Feb-2001
Town and Country Planning Act 1990 289, Town and Country Planning (General Development Procedure) Order 1995 (1995 No 419)
England and Wales
Citing:
Cited – Cowen v Secretary of State for Environment Peak District National Park Authority CA 26-May-1999
A land-owner laid a tarmac surface on a path within the National Park. This was held to be an improvement required for the right of way. The fact that works constituted an alteration did not avoid the protection given as an improvement. . .
Cited by:
Appeal from – Taylor and Sons (Farms) v Secretary of State for Environment Transport and the Regions and Three Rivers District Council CA 31-Jul-2001
Over a long period of time the applicants had deposited large quantities of waste on their land to hard standings and tracks. They were served with enforcement notices alleging a change from agricultural use, to agricultural use with waste deposit, . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Planning
Updated: 21 January 2022; Ref: scu.89751
ECJ (Judgment) Reference for a preliminary ruling – Agriculture – Regulation (EC) No 1/2005 – Protection of animals during transport – Long journeys – Annex I, Chapter V, point 1.4(d) – Journey times and animal resting periods during transport – Transport of cattle – Concept of ‘rest period of at least one hour’ – Possibility of interrupting the transport several times – Article 22 – Delays during transport – Regulation (EC) No 1234/2007 and Regulation (EU) No 817/2010 – Export refunds – Requirements of the welfare of live bovine animals during transport – Regulation No 817/2010 – Article 2(2) to (4) of Regulation No 817/2010 – Official veterinarian at the exit point – Report and entry on the document evidencing the exit of the animals from the customs territory of the European Union regarding compliance or non-compliance with the relevant provisions of Regulation No 1/2005 – Unsatisfactory result of the checks carried out – Article 5(1)(c) of Regulation No 817/2010 – Whether or not that entry is binding on the national authority competent for the export refund
ECLI:EU:C:2016:609, [2016] EUECJ C-469/14
Bailii
European
Agriculture
Updated: 20 January 2022; Ref: scu.567787
To inherit agricultural tenancy, the tenant applicant must derive all his income from agricultural activities. The term ‘principal source of income’ didn’t include overdraft or outside earnings.
Times 01-Apr-1994, Ind Summary 28-Mar-1994
Agricultural Holdings Act 1986 36
England and Wales
Citing:
Appealed to – Welby and Another v Casswell CA 14-Apr-1995
A farming tenant drew his income from farming despite living off his overdraft on a small return from farming activities.
Held: The court should adopt a purposive construction. The right to inherit an agricultural tenancy survived if he worked . .
Cited by:
Appeal from – Welby and Another v Casswell CA 14-Apr-1995
A farming tenant drew his income from farming despite living off his overdraft on a small return from farming activities.
Held: The court should adopt a purposive construction. The right to inherit an agricultural tenancy survived if he worked . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Landlord and Tenant
Updated: 20 January 2022; Ref: scu.90365
Challenge to new fisheries management policies.
Jay J
[2016] EWHC 1847 (Admin)
Bailii
England and Wales
Agriculture
Updated: 20 January 2022; Ref: scu.567398
Arbitration claim arising out of an arbitration award which determined the rent payable in relation to an agricultural holding
Morgan J
[2013] EWHC 1101 (Ch)
Bailii
Agricultural Holdings Act 1986
England and Wales
Landlord and Tenant, Agriculture
Updated: 20 January 2022; Ref: scu.491842
Judicial review asking as to the application of the EU Regulation governing a single payment scheme of support to farmers. In outline under the relevant scheme support for farmers was no longer linked to a farmer’s scale of production. There was an initial once-and-for-all allocation of entitlements to payment at the beginning of the scheme in 2007. Once distributed, entitlements became a form of property rights distinct from the underlying farmland or farming rights from which they originally derived. A farmer’s entitlement to payment was denominated in so many hectares in any year and he had to activate that entitlement by declaring that he was carrying on agricultural activity on specific agricultural land at a specific point in the year. Farmers could sell entitlement, to other farmers, without selling the land or rights from which they originally derived. There was no provision allowing redistribution of those entitlements as the scheme progressed to reflect actual use being made of the land or rights to which they originally related, the relevant mechanism for changes being the market
Cranston J
[2016] EWHC 1692 (Admin)
Bailii
England and Wales
European, Agriculture
Updated: 19 January 2022; Ref: scu.566886
ECJ (Judgment) Reference for a preliminary ruling – Common agricultural policy – Regulation (EC) No 1698/2005 – Regulation (EU) No 65/2011 – Financing by the EAFRD – Support for rural development – Rules on eligibility of operations and expenditure – Temporal condition – Complete exclusion – Reduction of the aid
ECLI:EU:C:2016:532, [2016] EUECJ C-111/15
Bailii
European, Agriculture
Updated: 19 January 2022; Ref: scu.566730
Salmon Fishing
[1839] EngR 1008, [1839] Macl and R 977, (1839) 9 ER 365
Commonlii
Scotland
Agriculture
Updated: 18 January 2022; Ref: scu.311540
(Judgment) Reference for a preliminary ruling – Common fisheries policy – Regulation (EC) No 1198/2006 – Article 55, paragraph 1 – Financial contribution from the European Fisheries Fund (EFF) – Eligibility of expenditure – Condition – Expenditure which has actually been paid by the beneficiaries – Concept
C-814/18, [2020] EUECJ C-814/18
Bailii
European
Agriculture
Updated: 18 January 2022; Ref: scu.654741
(Agriculture and Fisheries – Judgment) EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Portugal – Articles 32 and 33 of Regulation (EC) No 1290/2005 – Article 54 of Regulation (EU) No 1306/2013 – Concept of national jurisdiction
T-292/18, [2020] EUECJ T-292/18
Bailii
European
Agriculture
Updated: 18 January 2022; Ref: scu.654721
Judgment – Appeal – European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee section, European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from European Union financing – Expenditure incurred by the Hellenic Republic – Regulation (EC) No 1782/2003 – Regulation (EC) No 796/2004 – Area aid scheme – Concept of ‘permanent pastures’ – Flat-rate financial corrections
C-252/18, [2020] EUECJ C-252/18P
Bailii
European
Agriculture
Updated: 18 January 2022; Ref: scu.654782
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 24(2) of Regulation (EEC) No 1785/81 Article 27(3) of Regulation (EC) No 2038/1999 Article 1 of Regulation (EC) No 2073/2000 Article 11(2) of Regulation (EC) No 1260/2001 Article 1 of Regulation (EC) No 1745/2002 Article 1 of Regulation (EC) No 1739/2003 – Illegality of a Community measure raised before the national court Reference for a preliminary ruling on validity Admissibility Conditions Inadmissibility of an action for annulment of the Community measure
[2007] EUECJ C-441/05
Bailii
Regulation (EEC) No 1785/81 24(2)
Citing:
Opinion – 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 . .
Lists of cited by and citing cases may be incomplete.
Agriculture, European
Updated: 18 January 2022; Ref: scu.565995
ECJ (Judgment) Preliminary reference – Agriculture – Health Inspections – Official controls on feed and food – Financing of checks – inspection costs relating to slaughter operations – Regulation (EC) No 882/2004 – Directive 85/73 / EEC – Ability to charge an amount covering the actual cost of inspection fees above the amount of fees provided for by that directive
ECLI:EU:C:2015:849, [2015] EUECJ C-58/15
Bailii
Regulation (EC) No 882/2004, Directive 85/73/EEC
European, Agriculture
Updated: 17 January 2022; Ref: scu.565742
ECJ (Judgment) Reference for a preliminary ruling – Agriculture – European Agricultural Guidance and Guarantee Fund – Regulations (EC) Nos 1257/1999 and 817/2004 – Support for rural development – Recovery of undue payments – Increase of the area declared during the five-year commitment period above the threshold provided for – Replacement of the original commitment by a new commitment – Non-compliance by the beneficiary with the obligation to submit an annual application for payment of aid – National legislation requiring the repayment of all aid paid over several years – Principle of proportionality – Articles 17 and 52 of the Charter of Fundamental Rights of the European Union
C-273/15, [2016] EUECJ C-273/15, ECLI:EU:C:2016:364
Bailii
Regulation (EC) 1257/1999, Regulation (EC) 817/2004, Charter of Fundamental Rights of the European Union 17 52
European, Human Rights, Agriculture
Updated: 17 January 2022; Ref: scu.564875
(Agriculture and Fisheries – Judgment) EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Lithuania – One-off and flat-rate financial corrections – Rural development – Cross-compliance control system – Administrative control – On-the-spot control – Quality of controls – Quality of applicants – Conditions created artificially – Reasonableness of costs – Expenditure incurred within the framework of projects – Risk analysis – Risk factors – Tolerance in terms of penalties not provided for by Union regulations – System of assessment and penalties too lenient – Annual statistical data control
T-19/18, [2020] EUECJ T-19/18, ECLI: EU : T: 2020: 4
Bailii
European
Agriculture
Updated: 17 January 2022; Ref: scu.654714
(Agriculture and Fisheries – Radiation – Order)
C-115/18, [2020] EUECJ C-115/18_CO, ECLI: EU: C: 2020: 15
Bailii
European
Agriculture
Updated: 17 January 2022; Ref: scu.654680
The Agricultural Holdings (Scotland) Act 1908 enacts-Section 10-‘Where ( a) the landlord of a holding, without, good and sufficient cause and for reasons inconsistent with good estate management, terminates the tenancy by notice to quit . . the tenant upon quitting the holding shall . . be entitled to compensation . . provided that no compensation under this section shall be payable . . ( b) unless the tenant has, within two months after he has received notice to quit . . given to the landlord notice in writing of his intention to claim compensation under this section. . . In the event of any difference arising as to any matter under this section, the difference shall in default of agreement be settled by arbitration. . . ‘ Section 18 (1)-‘Notwithstanding the expiration of the stipulated endurance of any lease the tenancy shall not come to an end unless written notice has been given by either party to the other of his intention to bring the tenancy to an end-( a) in the case of leases for three years and upwards not less than one year nor more than two years before the termination of the lease.’
The lease of a farm for nineteen years provided that-‘notice in writing to quit shall be given on either side two years before the expiry of the lease.’ The lease expired at Whitsunday 1917. On 13th May 1917, the landlord gave notice to quit to the tenant, who acknowledged the notice, and on 30th July intimated in writing that he intended to claim compensation for unreasonable disturbance. Certain negotiations followed, and the tenant subsequently secured the services of an arbiter to assess the compensation. Questions then arose as to the validity of the notice to quit and the sufficiency of the notice of claim. The landlord having raised an action of suspension and interdict to suspend the proceedings for the appointment of the arbiter, and to interdict him and the tenant from proceeding with the application, held ( rev. judgment of the First Division, dub. Lord Finlay) that the arbiter had jurisdiction to determine the validity of the landlord’s notice to quit and of the tenant’s notice of claim.
Lord Buckmaster, Lord Finlay, Lord Dunedin, and Lord Atkinson
[1919] UKHL 220, 56 SLR 220
Bailii
England and Wales
Landlord and Tenant, Agriculture
Updated: 17 January 2022; Ref: scu.632766
ECJ (Order) Preliminary reference – Article 99 of the Rules of Procedure of the Court – Common agricultural policy – Regulation (EC) No 73/2009 – Direct support schemes – Article 29, paragraph 1 – Obligation to make payments to beneficiaries in full – Income tax Income
[2016] EUECJ C-462/15 – CO, ECLI: EU:C:2016:317
Bailii
European, Agriculture
Updated: 15 January 2022; Ref: scu.563390
[1826] EngR 174, (1826) 5 B and C 917, (1826) 108 ER 341
Commonlii
England and Wales
Land, Agriculture
Updated: 15 January 2022; Ref: scu.324938
Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.
ECJ (Free movement of goods) Articles 34 and 36 of the EC Treaty – Directive 91/629/EEC – European Convention on the Protection of Animals Kept for Farming Purposes – Recommendation concerning Cattle – Export of calves from a Member State maintaining the level of protection laid down by the Convention and the Recommendation – Export to Member States which comply with the Directive but do not observe the standards laid down in the Convention or the Recommendation and use intensive farming systems prohibited in the exporting State – Quantitative restrictions on exports – Exhaustive harmonisation – Validity of the Directive
Times 02-Apr-1998, [1998] ECR I-1251, [1998] EUECJ C-1/96
Bailii, Bailii
EC Treaty 34 36, Directive 91/629/EEC
England and Wales
Cited by:
See Also – Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs Admn 27-Nov-2003
The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly . .
See Also – Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs CA 29-Jul-2004
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare.
Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would . .
Lists of cited by and citing cases may be incomplete.
European, Commercial, Animals, Agriculture
Updated: 14 January 2022; Ref: scu.563234
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 marks and protected geographical indications
C-120/08, [2010] EUECJ C-120/08
Bailii
Citing:
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.
European, Agriculture
Updated: 14 January 2022; Ref: scu.562614