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: 1996 To: 1996
This page lists 9 cases, and was prepared on 02 April 2018.
Davies v H and E Ecroyd Ltd [1996] 30 EG 97; (1996) 2 EGLR 5
1996
ChD
Blackburne J
Company, Agriculture
The partnership was made up of a 109 acre dairy holding owned by one partner, and the second partner managed the business. The dairy holding itself was kept out of the partnership assets by explicit agreement. D, the former manager claimed, on the partnership being dissolved, that a milk quota had become a partnership asset by dint of his efforts. Held: The value of the quota was not on a par with the agricultural holding, since it arose only after the partnership commenced. A court should not extend what the partners had set out in the agreement.
Blackburn J set out the basis for giving partners rights in relation to the asset of a partner as follows: "It arises where a partnership expends money for the benefit of a partner in circumstances where justice requires that, in taking partnership accounts, some allowance should be made to the partnership against that partner for some or all of the amount of the expenditure or of the enhanced value brought about by the expenditure."
Arbitration Act 1979 2
1 Cites
Graff v Hauptzollamt Koln Rheinau Gazette, 21 February 1996
21 Feb 1996
ECJ
Agriculture
German authorities could exclude farmers Belgian production to calculate quantity.
France and Ireland v Commission C-296/93; [1996] EUECJ C-296/93
29 Feb 1996
ECJ
Agriculture
(Judgment) Common organization of the market in beef and veal - Conditions for intervention.
[ Bailii ]
Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd Times, 06 June 1996; [1996] ECR 1 2553; C-5/94; [1997] QB 139; [1996] EUECJ C-5/94
23 May 1996
ECJ
Agriculture, European
The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages.
LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds that the slaughterhouses were not complying with the terms of an EC Directive requiring the stunning of animals before slaughter. The UK conceded they were in breach of the Treaty provision on export restrictions but argued that it was justified on the grounds of animal welfare. Held: This was a sufficiently serious breach, on the basis of
Where MS was not called upon to make any legislative choices and had considerably reduced/no discretion - a mere infringement of community law may be sufficient to establish "as sufficiently serious breach"
1 Citers
[ Bailii ]
The Queen v Ministry of Agriculture, Fisheries and Food, ex parte Ecroyd Limited; ECJ 6-Jun-1996 - C-127/94; [1996] EUECJ C-127/94
Regina v Secretary of State for Environment; Crown Estate Commissioners; East Coast Shipping Aggregates Limited ex parte Bryant [1996] EWHC Admin 53
30 Jul 1996
Admn
Agriculture
Commission v Luxembourg C-312/95 C-312/95; [1996] EUECJ C-312/95
17 Oct 1996
ECJ
Environment, Agriculture
ECJ (Judgment) Failure to fulfil obligations - Council Directives 90/219/EEC and 90/220/EEC - Genetically modified organisms. A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive.
[ Bailii ]
Atlanta and Internationale Fruchtimport Gesellschaft Weichert v Commission T-18/95; [1996] EUECJ T-18/95
10 Dec 1996
ECFI
European, Agriculture, Customs and Excise
Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Regulation increasing the tariff quota for imports of bananas for traders affected by a natural disaster
[ Bailii ]
Regina v Intervention Board for Agricultural Produce, ex parte Accrington Beef Co Ltd and Others; ECJ 12-Dec-1996 - C-241/95; [1996] EUECJ C-241/95