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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Agriculture - From: 1970 To: 1979

This page lists 36 cases, and was prepared on 02 April 2018.

 
Crow v Wood [1970] EWCA Civ 5; [1971] 1 QB 77; (1970) 21 P and CR 929; [1970] 3 WLR 516; [1970] 3 All ER 425
9 Jun 1970
CA
Lord Denning MR, Edmund Davies, Megaw LJJ
Land, Agriculture

Law of Property Act 1925 62
[ Bailii ]
 
Deutsche Getreide Und Futtermittel-Handelsgesellschaft Mbh v Hauptzollamt Hamburg-Altona R-31/70; [1970] EUECJ R-31/70
15 Dec 1970
ECJ

European, Agriculture
ECJ 1. Levies are derived from the treaty and not from national law and are simultaneously applicable in all the member states; they act as regulators of the market within the framework of a common organization and are calculated on the basis of weighted values and having regard to standard qualities; they are therefore standard charges which do not take account of the individual characteristics of the products imported. Products of lower quality than the standard quality are therefore subject to the general levy in the same way as products of higher quality.
2. Products which have suffered damage before being imported and which have therefore lost some value may in spite of this loss in value affect the agricultural market in the same way as other products which were of a lower quality than the standard quality from the start and which are however subject to the general levy. The reasons why the condition of impaired goods is below the standard quality do not affect the grounds which justify the application of the general levy to them.
[ Bailii ]
 
Einfuhr- und Vorratsstelle fur Getreide und Futtermittel v Gunther Henckk C-26/70
17 Dec 1970
ECJ

European, Agriculture
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)


 
 W and JB Eastwood Ltd v Herrod (VO); HL 1971 - [1971] AC 160

 
 Inland Revenue v Graham's Trustees; HL 1971 - 1971 SC (HL) 1
 
Rewe v Hauptzollamt Emmerich (Judgment) C-37/70
11 Feb 1971
ECJ

Agriculture
Europa The provisions of article 226 are applicable to agricultural products. The insertion of special safeguarding clauses in agricultural regulations does not affect the scope of that article. The commission retains the power to authorize on the basis of article 226 the protective measures necessary to remedy economic difficulties in the agricultural sector of a member state, even if an agricultural regulation prescribes specific measures applicable to cases of the same nature.

 
Rewe-Zentrale Des Lebensmittel-Grosshandels Gmbh v Hauptzollamt Emmerich R-37/70; [1971] EUECJ R-37/70
11 Feb 1971
ECJ

Agriculture
ECJ The provisions of Article 226 are applicable to agricultural products.
The insertion of special safeguarding clauses in agricultural regulations does not affect the scope of that article.
The Commission retains the power to authorize on the basis of article 226 the protective measures necessary to remedy economic difficulties in the agricultural sector of a member state, even if an agricultural regulation prescribes specific measures applicable to cases of the same nature.
[ Bailii ]
 
Schleswig-Holsteinische Landwirtschaftliche Hauptgenossenschaft Egmbh v Hauptzollamt Itzehoe R-35/71; [1971] EUECJ R-35/71
15 Dec 1971
ECJ

European, Agriculture
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.
[ Bailii ]
 
Schlueter and Maack v Hauptzollamt Hamburg-Jonas. R-94/71; [1972] EUECJ R-94/71
6 Jun 1972
ECJ

Agriculture

[ Bailii ]
 
I. Schroeder Kg v The Federal Republic Of Germany R-40/72; [1973] EUECJ R-40/72
7 Feb 1973
ECJ

Agriculture

[ Bailii ]
 
Hugo Mathes and Schurr Kg v Einfuhr Und Vorratsstelle Fuer Getreide Und Futtermittel R-142/73; [1973] EUECJ R-142/73
12 Dec 1973
ECJ

Agriculture

[ Bailii ]
 
Kurt A Becher v Hauptzollamt Emden R-154/73; [1974] EUECJ R-154/73
15 Jan 1974
ECJ

European, Agriculture
1. No new element has been adduced capable of casting doubt on the court's decision in its judgments of 24 october 1973 in cases 5, 9 and 10/73, according to which examination of questions referred had not revealed any elements capable of affecting the validity of regulation no 974/71.
2. Article 2 of regulation no 974/71, by using the concept of 'prices' as its starting point in calculating the compensatory amounts, leaves the commission a certain discretion to adopt a reference price which differs from the c.I.F. Price, even if it differs from the contract prices actually fixed for commercial transactions.
3. It is within the commission's legal powers, when enacting detailed rules for the implementation of a system, such as that laid down by regulation no 974/71 for compensatory amounts, to have regard to certain imperative requirements of an administrative nature.
This is even more so as these detailed rules are established in accordance with the so-called 'management committee' procedure.
[ Bailii ]
 
Hannoversche Zucker Ag Rethen-Weetzen v Hauptzollamt Hannover (Agriculture) R-159/73; [1974] EUECJ R-159/73
30 Jan 1974
ECJ

European, Agriculture

[ Bailii ]
 
M Charmasson v Minister for Economic Affairs and Finance R-48/74; [1974] EUECJ R-48/74
10 Dec 1974
ECJ

Agriculture
Europa Derogations which a national organization may effect from the general rules of the treaty are only permissible provisionally until the end of the transitional period to the extent necessary to ensure its functioning, without however impeding the adaptations which are involved in the establishment of the common agricultural policy.
they cease at the expiry of this period, when the provisions of article 33 must be fully effective.
The national organization amounts to a totality of legal devices placing the regulation of the market in the products in question under the control of the public authority, with a view to ensuring, by means of an increase in productivity and of optimum utilization of manpower, a fair standard of living for producers, the stabilization of the market, the assurance of supplies and reasonable prices to the consumers.
To continue permanently beyond the transitional period a simple quota system cannot respond to these conditions.
[ Bailii ]
 
M Charmasson v Minister for Economic Affairs and Finance C-48/74
10 Dec 1974
ECJ

European, Agriculture
Europa Derogations which a national organization may effect from the general rules of the treaty are only permissible provisionally until the end of the transitional period to the extent necessary to ensure its functioning, without however impeding the adaptations which are involved in the establishment of the common agricultural policy. They cease at the expiry of this period, when the provisions of article 33 must be fully effective. The national organization amounts to a totality of legal devices placing the regulation of the market in the products in question under the control of the public authority, with a view to ensuring, by means of an increase in productivity and of optimum utilization of manpower, a fair standard of living for producers, the stabilization of the market, the assurance of supplies and reasonable prices to the consumers. To continue permanently beyond the transitional period a simple quota system cannot respond to these conditions.

 
Filippo Galli (Judgment) C-31/74
23 Jan 1975
ECJ

European, Agriculture
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.

 
Procureur de la Republique at the Cour d'Appel Aix-en-Provence and Federation Nationale des Producteurs de Vins de Table and Vins de Pays v Paul Louis Lahaille and others C-10/75
30 Sep 1975
ECJ

European, Agriculture
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.


 
 Procureur General at the Cour d'Appel Lyon v Henri Mommessin and others; ECJ 9-Dec-1975 - C-64/75; R-64/75; [1975] EUECJ R-64/75
 
Riccardo Tasca C-65-75; [1976] EUECJ R-65/75
26 Feb 1976
ECJ

Agriculture
ECJ 1. Agriculture - common organization of the market - sugar - sale - maximum prices - unilateral fixing by a member state - prohibition (regulation no 1009/67 of the council)
2. Quantitative restrictions - measures having equivalent effect - concept (EEC treaty, article 30)
3. Agriculture - common organization of the market - sugar - sale - maximum prices - unilateral fixing by a member state - quantitative restrictions - measure having equivalent effect (regulation no 1009/67 of the council, article 35)
4. Measures adopted by an institution - regulation - immediate effects -individual rights - protection (EEC treaty, article 189)
[ Bailii ]
 
Societa Sadam and Others v Comitato Interministeriale Dei Prezzi And Others R-90/75; [1976] EUECJ R-90/75
26 Feb 1976
ECJ

Agriculture

[ Bailii ]
 
Merkur Aussenhandel Gmbh and Co Kg v Hauptzollamt Hamburg-Jonas R-106/75; [1976] EUECJ R-106/75
8 Apr 1976
ECJ

European, Agriculture

[ Bailii ]
 
Entreprise Peter Cremer v Bundesanstalt Fuer Landwirtschaftliche Marktordnung R-125/76; [1977] EUECJ R-125/76; [1977] ECR 1593
11 Oct 1977
ECJ

Agriculture
ECJ Export refunds to third countries may under regulation no 171/64 of the commission of 30 October 1964 be granted for compound animal feeding-stuffs containing either cereals or cereal-based products or milk or milk products. Having regard to the objectives of the system of export refunds, an export refund for a compound animal feeding-stuff containing cereals or cereal-based products can be granted under regulation no 166/64 of the council of 30 October 1964 and regulation no 171/64 of the commission only where cereals or products to which regulation no 19 of the council of 4 April 1962 on the progressive establishment of a common organization of the markets in cereals applies are in fact contained in the mixture in significant proportions.
ECJ 1. Agriculture - common organization of the markets - compound feeding-stuffs for cattle - export to third countries - refund - grant - conditions - application to compound feeding-stuffs not containing powdered milk - (Regulation no 171/64 of the commission)
2. Agriculture - common organization of the markets - compound feeding-stuffs for cattle - export to third countries - refund - grant - conditions - composition of the product - minimum content - (Regulation no 166/64 of the council ; regulation no 171/64 of the commission)
1. Export refunds to third countries may under regulation no 171/64 of the commission of 30 october 1964 be granted for compound animal feeding-stuffs containing either cereals or cereal-based products or milk or milk products.
2. Having regard to the objectives of the system of export refunds , an export refund for a compound animal feeding-stuff containing cereals or cereal-based products can be granted under regulation no 166/64 of the council of 30 october 1964 and regulation no 171/64 of the commission only where cereals or products to which regulation no 19 of the council of 4 april 1962 on the progressive establishment of a common organization of the markets in cereals applies are in fact contained in the mixture in significant proportions.
[ Bailii ]
 
Beevor v Mason (1978) 37 P & CR 452
1978


Landlord and Tenant, Banking, Agriculture
Under the 1948 Act, effect must be given to a notice to quit served after failure to comply with a notice requiring the tenant to pay any rent due within two months of the notice. The evidence showed that the landlord had previously accepted payment of the rent by cheque posted on the date it was due. The court held that a cheque posted in this way on the last day of the two month notice period was payment of the rent on that day if the cheque was honoured. The cheque was not received by the landlord until after the notice had expired. Nevertheless, as a result of the previous course of dealing, the court held that the tenant was entitled to pay by cheque and treated the post office as the landlord’s agent for the purpose of deciding when the cheque was delivered.
Agricultural Holdings Act 1948
1 Citers



 
 Debayser Sa And Others v Commission Of The European Communities.; ECJ 2-Mar-1978 - C-21/77; [1978] EUECJ C-21/77
 
British Beef Company Limited v Intervention Board for Agricultural Produce C-146/77
13 Jun 1978
ECJ

European, Agriculture


 
British Beef Company Limited v Intervention Board For Agricultural Produce R-146/77; [1978] EUECJ R-146/77
13 Jun 1978
ECJ

European, Agriculture
ECJ 1. The actual right to receive a monetary compensatory amount and the charge resulting from the levying of such an amount are only created by the performance of the import or export transaction as the case may be and only from the moment when that transaction takes place. It follows that in the absence of an express provision to the contrary the amounts to be paid or levied are those fixed by the rules in force at the moment of the import or export whatever may be the date on which the contract relating to the transaction in question was concluded.
2. Having regard to the recitals to and the provisions of regulation no 2405/76 and to the special circumstances existing at the time of its adoption it could not arouse in the minds of persons concerned a legitimate expectation, which the commission was required to protect, of its maintenance for the whole of the week in question.
[ Bailii ]

 
 Pigs Marketing Board v Raymond Redmond; ECJ 29-Nov-1978 - R-83/78; [1978] EUECJ R-83/78; [1978] NI 73
 
Pigs Marketing Board v Raymond Redmond C-83/78
29 Nov 1978
ECJ

European, Agriculture


 
Alexander v Tonkin [1979] 1 WLR 629
1979


Agriculture
The court discussed the meaning of the word 'fishing'.
1 Citers


 
Sukkerfabriken Nykbing Limiteret v Ministry of Agriculture C-151/78
16 Jan 1979
ECJ

European, Agriculture


 
Union Laitiere Normande v French Dairy Farmers C-244/78
12 Jul 1979
ECJ

European, Agriculture


 
Procureur general v Hans Buys, Han Pesch and Yves Dullieux and Denkavit France SARL. C-5/79
18 Oct 1979
ECJ

European, Agriculture
Agricultural price freeze.

 
Gaetano Toffoli and others v Region de Venetie C-10/79
6 Nov 1979
ECJ

European, Agriculture


 
Criminal proceedings against Joseph Danis and others C-16/79
6 Nov 1979
ECJ

European, Agriculture, Crime
Agricultural price freeze.

 
Wagner v Commission C-162/78; [1979] EUECJ C-162/78
20 Nov 1979
ECJ

Agriculture
Monetary compensatory amounts
[ Bailii ]
 
Hans-Otto Wagner v Commission C-12/79; [1979] EUECJ C-12/79
12 Dec 1979
ECJ

Agriculture
Non-contractual liability; alteration of the rate of exchange applicable to the sugar market.
[ Bailii ]
 
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