swarb.co.uk - law index
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Agriculture - From: 1980 To: 1984
This page lists 20 cases, and was prepared on 02 April 2018.
Johnson v Moreton; HL 1980 - [1980] AC 37
Criminal Proceedings Against Vriend R-94/79; [1980] EUECJ R-94/79
26 Feb 1980
ECJ
Agriculture
ECJ Free movement of live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage.
[ Bailii ]
Richard Pool v Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment) C-49/79; [1980] EUECJ C-49/79
4 Mar 1980
ECJ
European, Contract, Agriculture
Europa 1. Non-contractual liability - conditions - illegality - damage - chain of causality (EEC Treaty, art. 215, second paragraph)
2. Agriculture - common organization of the markets - beef and veal - price system - right of producers to precise price levels of community rules - none (regulation no 805/68 of the council)
1. The non-contractual liability of the community under the second paragraph of article 215 of the EEC Treaty depends on the coincidence of a set of conditions as regards the unlawfulness of the acts alleged against the institution, the fact of damage, and the existence of a direct link in the chain of causality between the wrongful act and the damage complained of.
2. The price system which is an integral part of the common organization of the market in beef and veal - established by regulation no 805/68 - does not have the effect of guaranteeing to individual traders that their produce will be disposed of at the precise price level determined by community rules. That level, expressed in units of account, does not therefore constitute a value which could be used as a basis for comparison with the prices obtained by a producer on the market with a view to demonstrating that certain damage has been caused.
[ Bailii ]
Konecke v Commission C-76/79 [1980] EUECJ C-76/79
5 Mar 1980
ECJ
Agriculture
CJ (Judgment) Common organization of the market in beef and veal.
[ Bailii ]
Amministrazione Delle Finanze v Srl Meridionale Industria Salumi, Fratelli Vasanelli And Fratelli Ultrocchi R-128/79; [1980] EUECJ R-128/79
27 Mar 1980
ECJ
Customs and Excise, Agriculture, European
Proceedings were taken to require Mr Salumi and others to pay additional sums as levies on imports of agricultural products, on the basis that the earlier lower levy had been applied in error. Subsequently an EU regulation was enacted and the European Court interpreted the Italian court's question as asking in substance whether that regulation applied to payments of duties made before the date the regulation came into force. HELD: "Although procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, this is not the case with substantive rules. On the contrary, the latter are usually interpreted as applying to situations existing before the entry into force only insofar as it clearly follows from their terms, objectives or general scheme that such an effect must be given to them.
This interpretation ensures respect for the principles of legal certainty and the protection of legitimate expectation, by virtue of which the effect of Community legislation must be clear and predictable for those who are subject to it. The Court has repeatedly emphasised the importance of those principles . . that in general the principle of legal certainty precludes a Community measure from taking effect from the point in time before its publication and that it may be otherwise only exceptionally, where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected."
The regulation in question contained both procedural and substantive rules which formed an indivisible whole. The individual provisions should not be considered in isolation with regard to the time at which they take effect. The regulation could not therefore be accorded retroactive effect unless sufficiently clear indications led to such a conclusion. Both the wording and the general scheme of the regulation led to the conclusion that the regulation provided only for the future.
1 Citers
[ Bailii ]
Lippische Hauptgenossenschaft Eg Et Westfalische Central-Genossenschaft Eg v Bundesanstalt Fuer Landwirtschaftliche Marktordnung R-119/79; [1980] EUECJ R-119/79
12 Jun 1980
ECJ
Agriculture
ECJ 1. According to the general conception underlying the common organization of agricultural markets the granting of denaturing premiums provided for in regulations nos 956/68, 2086/68 and 1403/69 on the denaturing of common wheat is subject to a set of common rules which are applicable uniformly throughout the community. However, management of that intervention mechanism is the task of the national intervention agencies, which are required to perform all the supervisory duties necessary in order to ensure that denaturing premiums are granted only in accordance with the conditions laid down by the community rules and that any infringement of the rules of community law by those operating on the market is appropriately penalized.
2. The question within what period a national intervention agency may claim from recipients repayment of premiums wrongly paid in respect of the denaturing of common wheat must, at the present stage in the development of community law, be decided in accordance with the national law of the intervention agency responsible for the relevant sector of the market.
Community law does not prevent the application of provisions or principles of national law the effect of which may be to restrict the period during which such repayment may be claimed, provided always that that question is settled in accordance with the same rules as those which apply to the performance of similar supervisory duties carried out by the national administrative authorities in the spheres in which they have sole responsibility.
[ Bailii ]
Express Dairy Foods Limited v Intervention Board For Agricultural Produce C-130/79; R-130/79; [1980] EUECJ R-130/79
12 Jun 1980
ECJ
Agriculture
ECJ 1. The Commission regulations adopted between 1 February 1973 and 11 August 1977, fixing monetary compensatory amounts and certain rates necessary for their application, must be regarded as invalid in so far as they fix monetary compensatory amounts in respect of trade in powdered whey and are therefore to that extent contrary to article 1 (2) (b) of Regulation no 974/71 of the council.
2. Disputes relating to the recovery of sums levied on behalf of the community come within the jurisdiction of national courts and must be settled by those courts in application of their national law as regards both procedure and substance to the extent to which community law has not made other provision in the matter. However, the application of national legislation must be effected in a non-discriminatory manner having regard to the procedural rules relating to disputes of the same type, but purely national, and in so far as procedural rules cannot have the result of making impossible in practice the exercise of rights conferred by community law.
In these circumstances and in the absence of community provisions it is for the national authorities to decide as to the recovery of sums unduly charged on the basis of community regulations which have been declared invalid and to settle in terms of the national law applicable all ancillary questions such as, on the one hand, whether the fact that it may have been possible for the charge improperly imposed to be passed on to other traders or to consumers should be taken into account, and, on the other hand, the payment of interest, in particular the rate of interest and the date from which interest must be calculated.
[ Bailii ]
Attorney General v Burgoa R-812/79; [1980] EUECJ R-812/79; [1980] ECR 2787
14 Oct 1980
ECJ
Agriculture
1 Citers
[ Bailii ]
Irish Creamery Milk Suppliers Association and Others v Government of Ireland and Others; Doyle And Others v An Taoiseach and Others R-71/80; [1981] EUECJ R-71/80
10 Mar 1981
ECJ
Agriculture
National charge on agricultural products of national origin.
[ Bailii ]
Ludwigshafener Walzmuehle Erling Kg And Others v Council And Commission Of The European Communities. [1981] ECR 3211; [1981] EUECJ C-247/80
17 Dec 1981
ECJ
Agriculture
Common organization of the market in cereals - Threshold price of durum wheat.
[ Bailii ]
Procureur De La Republique And Others v Guy Vedel And Others. R-204/80; [1982] EUECJ R-204/80
16 Feb 1982
ECJ
European, Agriculture
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.
[ Bailii ]
Staple Dairy Products Limited v Intervention Board For Agricultural Produce. R-84/81; [1982] EUECJ R-84/81
19 May 1982
ECJ
European, Agriculture
[ Bailii ]
Societe RuMi v Fonds D'Orientation Et De Regularisation Des Marches Agricoles R-272/81; [1982] EUECJ R-272/81
2 Dec 1982
ECJ
European, Agriculture
Agriculture - common organization of the markets - milk and milk products - special aid for the denaturing of skimmed-milk powder intended for feed for animals other than young calves - denaturing not carried out in conformity with community provisions - loss of the benefit of the aid in its entirety - principle of proportionality - breach - none.
(Commission Regulation (EEC) no 1844/77)
In view of the fact that the special aid granted for the denaturing of skimmed-milk powder intended for feed for animals other than young calves is considerably higher than the amount granted in the case of feed for calves, and in view of the risk that it might be used for other, unauthorized purposes where the denaturing departs even to a slight extent from the method referred to in Regulation no 1844/77, the commission was legally justified in adopting provisions which entail witholding of the aid and loss of the security for failure to fulfil the obligation to carry out denaturing laid down by the regulation and was not obliged to vary the severity of the measure in question according to the gravity of the failure to comply with the obligation. Such a measure cannot be regarded as out of proportion to the objective pursued and the fact that the denaturing departs even to a slight extent from the above-mentioned method is capable of depriving the trader of the entire benefit of the special aid.
[ Bailii ]
Lieutenant Commander AG Rogers v HBL Darthenay R-87/82; [1983] EUECJ R-87/82
11 May 1983
ECJ
Agriculture
ECJ 1. The first sentence of article 7 of Regulation no 2527/80, according to which no device is to be used by means of which the mesh in any part of a fishing net is obstructed or otherwise effectively diminished, is an independent and perfectly clear provision, creating a prohibition with immediate effect which cannot depend upon the adoption of the detailed implementing rules provided for in the second sentence of the said provision.
2. Since the expiry on 1 january 1979 of the transitional period provided for in article 102 of the act of accession the power to adopt, as part of the common fisheries policy, measures to conserve the resources of the sea vests fully and finally in the community.
3. It is clear from the purpose and terms of article 7 of regulation no 2527/80 that the entire provision must have immediate effect, including the permission to use devices for the protection of nets the use of which appears to be compatible with the prohibition of the use of any device by means of which the mesh in any part of a fishing net is obstructed or otherwise effectively diminished.
In the absence of detailed implementing rules adopted by the community to give formal expression to that permission, it is for the competent courts to fill the resulting lacuna in a manner which is consistent with the aim of protecting fishing stocks and which also takes into account the fact that protection of fishing nets should be permitted.
Regulation no 2527/80
[ Bailii ]
Apple and Pear Development Council v K J Lewis Ltd and others C-222/82; R-222/82
13 Dec 1983
ECJ
European, Agriculture
The provisions of the Treaty relating to the free movement of goods and to agriculture and the rules on the common organization of the market in fruit and vegetables do not prevent a member state from adopting or maintaining measures (i) establishing a development council for fruit production, composed of members appointed by the minister responsible, in particular from among the growers involved, and (ii) requiring only fruit growers with a plantation which exceeds a specified size to register with the said council, to furnish returns and information on their activities in the industry and to finance the administrative and other expenses of the council by the payment of an annual charge, in so far as the activities of the council consist in compiling statistics, promoting or undertaking research, making the results thus obtained available to growers and giving growers technical advice about fruit-growing.
[ Bailii ]
An Bord Bainne Co-Operative Ltd v Milk Marketing Board [1984] 2 CMLR 585
1984
Agriculture
1 Citers
Bensider v Commission [1984] EUECJ C-50/84R
23 May 1984
ECJ
Agriculture
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
1 Citers
[ Bailii ]
Bensider v Commission C-50/84; [1984] EUECJ C-50/84
27 Nov 1984
ECJ
Agriculture
1 Cites
[ Bailii ]
Gaarm - Groupement Des Associations Agricoles Pour L'organisation De La Production Et De La Commercialisation Des Pommes De Terre Et Legumes De La Region Malouine And Others v Commission of The European Communities C-289/83; [1984] EUECJ C-289/83
13 Dec 1984
ECJ
European, Agriculture
Europa 1. Non-contractual liability - importation at low prices of new potatoes from Greece - failure to act on the part of the commission (EEC treaty, art. 46 and art. 215, second para. Act of accession of the Hellenic Republic, arts 130 (2) and 131; council regulation no 17, art. 3, and council regulation no 26, art. 4) 2. Accession of new member states to the communities - Hellenic Republic -agriculture - safeguard clause - conditions governing its application -appraisal by the commission (act of accession of the Hellenic Republic, art. 130 (2))
[ Bailii ]
Sermide Spa v Cassa Conguaglio Zucchero and Others C-106/83; R-106/83; [1984] EUECJ R-106/83
13 Dec 1984
ECJ
European, Agriculture
ECJ 1. Agriculture - common organization of the markets - discrimination between producers or consumers - prohibition - scope - measures differentiated according to regions of the community - whether permissible -objective criteria (EEC treaty, arts 7 and 40 (3), second subparagraph) 2. Agriculture - common organization of the markets - sugar - production levy - calculation - consideration of losses resulting from disposal -concept of disposal (regulation (EEC) no 3330/74 of the council, art. 27 (2); regulation (EEC) no 700/73 of the commission, art. 7 (2); commission regulation EEC) no 3358/81, art. 1)
- Under the principle of non-discrimination between community producers or consumers, which is enshrined in the second subparagraph of article 40 (3) of the EEC treaty and which includes the prohibition of discrimination on grounds of nationality laid down in the first paragraph of article 7 of the EEC treaty, comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified. It follows that the various elements in the common organization of the markets, such as protective measures, subsidies, aid and so on, may not be differentiated according to region or according to other factors affecting production or consumption except by reference to objective criteria which ensure a proportionate division of the advantages and disadvantages for those concerned without distinction between the territories of the member states.
- The factors taken into account in the calculation of the sugar production levy for a given marketing year include the losses resulting from disposal of b quota sugar on the world market. Since neither regulation no 3330/74 nor regulation no 700/73 defines the concept of disposal, it was permissible for the commission, when fixing the amount of the levy in regulation no 3358/81, to quantify the volume of exports on the basis of the information derived from export licences, which impose an obligation on the licensees to carry out the operations in question, subject to the provision of security, rather than actual exports, which are difficult to bring into account owing to the practices pursued by the national authorities.
[ Bailii ]
