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: 1994 To: 1994
This page lists 8 cases, and was prepared on 02 April 2018.
Le Nan v Cooperative laitiere de Ploudaniel C-189/92; [1994] EUECJ C-189/92
27 Jan 1994
ECJ
European, Agriculture
ECJ (Judgment) 1. Under the additional milk levy scheme introduced by Article 5c of Regulation No 804/68, as amended by Regulation No 856/84, an owner who during the reference year acquired the whole or part of a holding by sale, lease or inheritance and who resumed milk production at the time when that scheme entered into force, may receive a reference quantity in respect of the quantity of milk produced by the previous farmer in the course of part of the reference year where the Member State concerned, in the exercise of the power conferred by Article 7(1) of Regulation No 857/84 adopting general rules for the application of the said levy, as amended by Regulation No 590/85 and subparagraph 3 of Article 5 of Regulation No 1371/84 laying down detailed rules for the application of the levy, has decided to allocate a reference quantity to producers who find themselves in such circumstances.
2. Articles 3, 3a, 4 and 4a of Regulation No 857/84, as amended, and Article 3 of Regulation No 1371/84 contain an exhaustive list of the special situations in which reference quantities or individual quantities may be allocated and set out precise rules concerning the determination of those quantities. Since no provision of the regulations makes it possible for an owner and new producer who commenced his milk deliveries on the date of entry into force of the additional levy scheme, and whose reference quantity is calculated on the basis of the deliveries made by the previous farmer in the course of only part of the reference year before he ceased his activities, to have account taken, as a result of that fact, of a reference year different from that chosen by the Member State concerned, such taking into account is excluded, even where the deliveries during the reference year are not representative of the production capacity of the holding during that year.
[ Bailii ]
Commission v United Kingdom (Rec 1994,p I-989) (Judgment) C-40/92; [1992] EUECJ C-40/92R
24 Mar 1994
ECJ
European, Agriculture
[ Bailii ]
Regina v Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock C-2/92; [1994] EUECJ C-2/92
24 Mar 1994
ECJ
European, Agriculture
[ Bailii ]
Welby and Another v Casswell Times, 01 April 1994; Ind Summary, 28 March 1994
28 Mar 1994
QBD
Agriculture, Landlord and Tenant
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.
Agricultural Holdings Act 1986 36
1 Cites
1 Citers
Omnivale Ltd and Others v Boldan; CA 4-Apr-1994 - Ind Summary, 04 April 1994
Van De Hurk v The Netherlands [1994] ECHR 14; 16034/90; (1994) 18 EHRR 481
19 Apr 1994
ECHR
Human Rights, Agriculture
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (independent tribunal); No violation of Art. 6-1 (fair trial); Pecuniary damage - claim rejected; Costs and expenses partial award - Convention proceedings
The applicant was a dairy farmer. Under the scheme operated within the European Community for reducing surplus milk products, he was allocated a milk production quota. His claim for a higher quota was rejected, as was his subsequent appeal before the relevant authorities in his country. He complained that his right to a fair hearing by an independent and impartial tribunal under Article 6(1) of the Convention had been infringed. Held: There had been a violation of Article 6.1 in that the applicant's civil rights and obligations had not been "determined" by a "tribunal" within the meaning of that provision. The binding decision of an impartial tribunal could not be altered by a non-judicial authority to the detriment of an individual. The opportunity to a party to have knowledge and comment must be a genuine one.
(Commission) "Article 6(1) extends only to disputes over 'civil rights and obligations' which can be said, at least on arguable grounds, to be recognised under domestic law. Such a dispute must be genuine and of a serious nature; it may relate not only to the actual existence of a right but also to its scope and the manner of its existence and, finally, the result of the proceedings concerning the dispute at issue must be directly decisive for such a right.
It is not contested that there was a 'dispute' concerning a 'right' since the allocation of both a milk-quota and an extra levy-free quota conferred a 'right' to the applicant to produce a determined quantity of milk, subject to the condition that a levy must be paid for any surplus.
The size of a milk-quota determines for each diary farmer the quantity of milk he is authorised to produce. It is therefore decisive for his income. The fact that in addition a milk-quota is transferable confers to it the character of, in the words the European Court of Human Rights, a 'pecuniary' right. Thus the allocation or refusal of a milk-quota may seriously affect a milk producers business activities. A dispute concerning the granting of a higher quota therefore involves the determination of civil rights and obligations within the meaning of Article 6(1) of the Convention."
European Convention on Human Rights 6
1 Citers
[ Worldlii ] - [ Bailii ]
Regina v Ministry of Agriculture, Fisheries and Food, Ex Parte Bostock Times, 11 May 1994
11 May 1994
ECJ
Agriculture, European
EC rules for milk levies do not require compensation for outgoing tenants.
Regina v Minister of Agriculture Fisheries and Food ex parte Anastasiou (P) Ltd Times, 14 July 1994; Ind Summary, 01 August 1994; C-432/92; [1994] ECR I-3087; [1994] EUECJ C-432/92
1 Aug 1994
ECJ
Agriculture
Turkish Cypriot produce was not acceptable for import without a proper origin label. A certificate from a non-community country was not acceptable, there being no standards of control.
1 Citers
[ Bailii ]
