swarb.co.uk - law index
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: 1985 To: 1989
This page lists 17 cases, and was prepared on 02 April 2018.
Director of Public Prosecutions v Sidney Hackett Limited And Weston ; Tetlow v Dovey R-91/84; [1985] EUECJ R-91/84
28 Mar 1985
ECJ
European, Transport, Agriculture
Europa Article 14a(2)(c) of Regulation No 543/69 of the council of 25 March 1969 on the harmonization of certain social legislation relating to road transport, as amended by regulations nos 515/72 and 2827/77, must be interpreted to the effect that 'local market' must be understood as meaning the market which, having regard to geographical circumstances, is the nearest to a particular farm and at which it is possible to buy or sell, as the case may be, according to the needs of normal, average-sized farms which may be considered typical of the area in question.
The exception in paragraph (2)(c) of article 14a cannot be extended to transport operations which, either because of the unusual size of the farm concerned or because the production of several farms is pooled, necessitate the use of markets further away than the nearest market normally serving farms in the area.
Regulation No 543/69 of the council of 25 March 1969 on the harmonization of certain social legislation relating to road transport
[ Bailii ]
Vonk's Kaas Inkoop en Produktie Holland BV v Minister van Landbouw en Visserij et Produktschap voor Zuivel C-208/84
12 Dec 1985
ECJ
Agriculture
ECJ Agriculture - monetary compensatory amounts - fixing - obligation to take into account risks of disturbances in trade, including those caused by the monetary compensatory amounts themselves - product occurring in different forms having different commercial values - discretion of commission (commission regulation no 1245/83, annex I, part 5, note 5, as amended by regulations Nos 3281/83 and 270/84). When fixing monetary compensatory amounts, the commission must not only act to prevent disturbances to normal trade caused by the monetary measures adopted by the member states but also see to it that the compensatory amounts themselves are not so constituted as to provoke such disturbances or to create market conditions favourable to the formation of artificial trade flows. It is therefore not only empowered but under a duty to amend its existing legislation if it finds that improper transactions of the type described above have occurred or that there is a risk that they may occur. In its choice of the measures to be adopted, the commission must be allowed a broad measure of discretion where the product concerned is of very limited importance for trade within the community and with non-member countries and where, furthermore, it occurs in two forms which are administratively difficult to distinguish, one of which is devoid of commercial value while the other is perfectly capable of being processed and reprocessed in a closed circuit without ever reaching the stage of final consumption.
Gebr Metelmann gmbh and co Kg v Hauptzollamt Hamburg-Jonas C-276/84
12 Dec 1985
ECJ
European, Agriculture
Europa 1. Agriculture - common organization of the markets - export refunds -refunds fixed in advance - condition of payment - departure of the goods ' unaltered ' from the territory of the community - repackaging following customs clearance - forfeiture of the refund - completion of customs formalities after the event - reference date for determining the rate of refund - actual date of departure (commission regulation no 2730/79, art. 9 (1)) 2. Agriculture - monetary compensatory amounts - advance fixing of compensatory amounts and export refunds - forfeiture of the refund -concomitant forfeiture of the monetary compensatory amount - completion of customs formalities after the event - reference date for determining the rate of the compensatory amount - date adopted for determining the rate of refund (commission regulation no 243/78, art. 2; commission regulation no 1371/81). 1. Article 9 (1) of regulation (EEC) no 2730/79, which provides that the export refund is to be paid on condition that the goods have left the geographical territory of the community ' unaltered ', must be interpreted as meaning that any alteration in the presentation of the goods, where it is such as to render customs control more difficult, entails forfeiture of the refund. Where, exceptionally, customs export formalities may still be completed after the date on which the goods have left the geographical territory of the community, the rate of refund to be applied is that applicable on that date. 2. Since monetary compensatory amounts may be fixed in advance only if the export refunds and levies are also fixed in advance, forfeiture of the refund fixed in advance also entails forfeiture of the monetary compensatory amounts fixed in advance. Where customs formalities are completed after the event, reference may not be made to different dates for the purpose of fixing the rate of the monetary compensatory amount payable pursuant to regulation no 1371/81 and the rate of the refund.
United Kingdom v Commission C-133/84 [1986] EUECJ C-133/84
17 Apr 1986
ECJ
Agriculture
ECJ (Judgment) 1. Agriculture - common organization of the markets - seed - production aid - peas and field beans intended for sowing - cumulation with aid for the same products used in animal feed - not permissible - determining which aid scheme is applicable - criterion - actual use - undue payments - protection of legitimate expectation - not possible
(regulation(eec) no 2358/71 of the council, arts 1 and 3(1); council regulation(eec) no 1119/78, art. 2(1); and council regulation(eec) no 2036/82)
2. Agriculture - common organization of the markets - milk and milk products - skimmed-milk powder and butter from public stocks - sale at reduced prices - conversion into national currency of the price expressed in units of account - exchange rate applicable - rate in force on the date of the event by virtue of which the amount involved in the transaction becomes due, as defined by national law
(regulation(eec) no 1134/68 of the council, arts 4 and 6)
[ Bailii ]
Commission Of The European Communities v United Kingdom Of Great Britain and Northern Ireland (Judgment) Case 23/84
2 Dec 1986
ECJ
European, Agriculture
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))
Spa Villa Banfi v Regione Toscana and others; ECJ 18-Dec-1986 - C-312/85
Bundesanstalt Fuer Landwirtschaftliche Marktordnung v Raiffeisen Hauptgenossenschaft eG R-215/85; [1987] EUECJ R-215/85
12 Mar 1987
ECJ
European, Agriculture
ECJ Refusal of a claim for a special price increase in respect of rye bought into intervention.
[ Bailii ]
Sa Societe Pour L'Exportation Des Sucres v Office Belge De L'Economie Et De L'Agriculture R-56/86; [1987] EUECJ R-56/86
18 Mar 1987
ECJ
European, Agriculture
[ Bailii ]
Cooperative Agricole D'Approvisionnement Des Avirons v Receveur Des Douanes De Saint-Denis And Directeur Regional Des Douanes, Reunion R-58/86; [1987] EUECJ R-58/86
26 Mar 1987
ECJ
European, Agriculture
[ Bailii ]
Maizena Gesellschaft Mbh And Others v Bundesanstalt Fuer Landwirtschaftliche Marktordnung (BALM) R-137/85; [1987] EUECJ R-137/85
18 Nov 1987
ECJ
European, Agriculture
ECJ Legal nature of the security lodged in respect of an export licence.
1. Under community rules such as the second indent of article 38*(1)*(c ) of regulation no 3183/80, which requires the provision of fresh security after the release under special arrangements, before exportation actually takes place and at the request of the exporter, of security intended to ensure the performance by the licence holder of his obligation to export within a prescribed time-limit, where the said time-limit has not been complied with, the fresh security ceases to be a guarantee and becomes a penalty when the undertaking has not been complied with and no longer can be complied with.
However, that penalty, which is intended to achieve the same objective as the security itself and whose only effect is to place the defaulting trader in the same position as if he had not voluntarily opted for advance release of the security, is an integral part of the system of security at issue and is not criminal in nature.
2. The forfeiture of two securities relating to the same export transactions but having different purposes, one intended to ensure repayment of the export refund paid in advance if exportation does not take place and the other intended to ensure that the undertaking to export during the validity of the export licence will be honoured, even if it is triggered by the same event, cannot be regarded as disproportionate if the different risks in respect of which the securities were lodged actually materialize.
[ Bailii ]
J. Mulder v Minister Van Landbouw En Visserij R-120/86; [1988] EUECJ R-120/86
28 Apr 1988
ECJ
Agriculture
Additional levy on milk.
[ Bailii ]
Union Nationale Interprofessionnelle Des Legumes De Conserve (Unilec) v Etablissements Larroche Freres R-212/87; [1988] EUECJ R-212/87
22 Sep 1988
ECJ
European, Agriculture
ECJ 1. The rules of the common organization of the market set up by Regulation No 1035/72 must be applied to fruit and vegetables coming within the scope of that organization, irrespective of the use to which they are ultimately to be put . The fact that they are intended for processing does not mean that at the marketing stage they fall within the ambit of Regulation No 516/77 on the common organization of the market in products processed from fruit and vegetables.
2. Regulation No 1035/72 on the common organization of the market in fruit and vegetables, in the version applicable prior to the entry into force of Regulation No 3284/83, must be interpreted as leaving the Member States no power to extend to national producers and processors who are not affiliated to an intertrade organization in the sector the rules adopted by that organization under agreements fixing minimum purchase prices for certain vegetables.
3. The obligation imposed on non-affiliated producers to contribute to the financing of funds established by a producers' organization in the fruit and vegetables sector is unlawful in so far as it serves to finance activities which are themselves held to be contrary to Community law.
[ Bailii ]
Regina v North Riding of Yorkshire County Council [1989] 1 QB 201
1989
Local Government, Agriculture
The constituent councils, not having exercised the power to impose restrictions and conditions in advance, could not decline responsibility for items of expenditure necessarily incurred by the committee. Restrictions or conditions had to be imposed by unanimous agreement between all the councils concerned.
1 Citers
Casa Fleischhandels-Gmbh v Bundesanstalt Fuer Landwirtschaftliche Marktordnung R-215/88; [1989] EUECJ R-215/88
13 Jul 1989
ECJ
European, Agriculture
[ Bailii ]
Wachauf v Bundesamt Fur Ernahrung und Forstwirtschaft; ECJ 13-Jul-1989 - C-5/88; [1991] 1 CMLR 328; [1989] ECR 2609; R-5/88; [1989] EUECJ R-5/88
The Queen v Ministry Of Agriculture, Fisheries and Food, Ex Parte Agegate C-3/87; [1989] ECR 4459
14 Dec 1989
ECJ
European, Agriculture
The court considered the legality of licensing conditions imposed by the United Kingdom upon licences to fish issued under the Sea Fish Conservation Act 1967. One of those conditions required 75% of the crew to reside ashore in the United Kingdom. Held: The condition was unlawful under the Treaty.
1 Citers
Regina v Ministry of Agriculture, Fisheries and Food, ex parte Jaderow Ltd; ECJ 14-Dec-1989 - C-216/87; R-216/87; [1989] EUECJ R-216/87