swarb.co.uk - law index
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Agriculture - From: 1997 To: 1997
This page lists 25 cases, and was prepared on 02 April 2018.
Corman v Commission T-117/95; [1997] EUECJ T-117/95
30 Jan 1997
ECFI
European, Agriculture
ECFI 1 Agriculture - Common organization of the markets - Milk and milk products - Aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs - Conditions for granting aid - Intermediate products - Definition - Obligation to add tracers
(Commission Regulation No 570/88, Art. 9a)
2 Agriculture - Common organization of the markets - Milk and milk products - Aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs - Conditions for granting aid - Butter - Definition
(Council Regulations No 985/68, Art. 1(3)(a) and (b), and No 2991/94; Commission Regulation No 570/88, Art. 1(2)(a))
3 Actions for annulment - Legal interest in bringing proceedings - Act not concerning the product manufactured by the applicant - Inadmissible
(EC Treaty, Art. 173, para. 4; Commission Regulations No 570/88, Arts 1 and 9a, and No 455/95, Art. 1(4))
4 A product consisting of 82% butterfat, 16% water and 2% fat-free dried milk extract, obtained by concentrating, fractionating and recomposing raw materials consisting of 65% butter and 35% cream, must be regarded as an intermediate product within the meaning of Article 9a of Regulation No 570/88 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs.
Failure to incorporate tracers, as required by Article 9a in order for an intermediate product to have access to the aid provided for by that regulation, does not alter the actual nature of the product, but merely makes it ineligible for Community aid. Tracing is intended to prevent fraud and is not a necessary process in the manufacture of the product.
The fact that an intermediate product within the meaning of that article may, in addition, be classified as butter under the domestic legislation of one Member State cannot displace the conditions laid down by Article 9a in order for one of the products referred to therein to qualify for aid under Regulation No 570/88.
5 Although, in defining the conditions to be satisfied in order for butter to qualify for aid under Article 1 of Regulation 570/88, Article 1, second paragraph, (a) makes express reference only to Article 1(3)(b), on the grading of butter, of Regulation No 985/68 concerning intervention on the market in butter and cream, it requires in addition that the product should meet a certain 'definition'. That definition is set out in Article 1(3)(a) of Regulation No 985/68 and refers to technical conditions for the production and composition of butter.
The fact that a certain product does not fall within the category of butter for the application of Regulation No 570/88 cannot be altered by the fact that Regulation No 2991/94 laying down standards for spreadable fats contains a broader definition of butter which includes that product. That regulation does not fall within the scope of the intervention measures intended to encourage the disposal of Community butter surpluses but pursues the objective of protecting and informing consumers.
6 Article 1(4) of Regulation No 455/95, regarding in particular the grant of aid for buying in butter, amends Article 1 of Regulation No 570/88 only and therefore does not concern the intermediate products referred to in Article 9(a) of that regulation, with the result that an action for the annulment of Article 1(4), brought by a manufacturer of intermediate products, must be dismissed as inadmissible for want of any legal interest in bringing proceedings.
[ Bailii ]
Regina v Ministry of Agriculture Fisheries and Food and Secretary of State for Environment ex parte Monsanto Plc [1997] EWHC Admin 216
4 Mar 1997
Admn
Agriculture
[ Bailii ]
Wallace v C Brian Barratt and Son Limited and Lock; CA 19-Mar-1997 - [1997] EWCA Civ 1281; [1997] EGLR 1
Potato Marketing Board v Hampden-Smith [1997] EWCA Civ 1307
21 Mar 1997
CA
Agriculture
1 Citers
[ Bailii ]
Potato Marketing Board v Hampden-Smith [1997] EWCA Civ 1308
21 Mar 1997
CA
Agriculture
1 Cites
[ Bailii ]
Irish Farmers Association and others v Minister for Agriculture, Food and Forestry, Ireland and Attorney General; ECJ 15-Apr-1997 - C-22/94; [1997] EUECJ C-22/94; [1997] 2 CMLR 621; [1997] ECR I-1809
Hartmann v Council and Commission; ECFI 16-Apr-1997 - T-20/94; [1997] EUECJ T-20/94
National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe; CA 15-May-1997 - Gazette, 11 June 1997; [1997] EWCA Civ 1707; [1998] 1 WLR 230
France v Commission C-69/94 [1997] EUECJ C-69/94
29 May 1997
ECJ
Agriculture
(Judgment) Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Annual questionnaire on the application of the scheme addressed to the Member States - Notification to the Commission - Flat-rate reduction applied to advances on the entry of agricultural expenditure in the accounts in the event of non-compliance with the time-limit - Decision 93/673 - Legal basis - Breach of Regulation No 729/70 or the principle of proportionality - None (Council Regulation No 729/70; Commission Regulation No 536/93, Art. 8, fourth indent; Commission Decision 93/673)
In adopting Decision 93/673 fixing the flat-rate reduction to advances on the entry of agricultural expenditure in the accounts in the event of non-compliance with the time-limit for notification of the annual questionnaire on the application of the additional levy scheme for milk, which provides in particular for a reduction of 1% of the overall amount paid to the Member State concerned for the previous budget year for late notification, 0.5% of the same overall amount for calculation of the levy which is incorrect by more than 10%, and 0.04% for each item of information missing, the Commission validly relied on Article 8, fourth indent, of Regulation No 536/93 laying down detailed rules on the application of the additional levy, which requires Member States to notify the questionnaire, duly completed, before the date given and which authorizes the Commission to make a reduction to advances not only if the notification is late but also if it is incomplete or incorrect.
The above mentioned decision does not infringe Regulation No 729/70 on the financing of the common agricultural policy because the reduction to advances, which cannot be definitive, does not preclude verification of the justification for the reduction in the context of the clearance of accounts provided for by that regulation, in the course of which the Member State concerned will be able to present its views on the lawfulness of the reduction, so that the rights of the defence will be guaranteed.
Lastly, the decision does not breach the principle of proportionality, inasmuch as its aim is to fix, in the interests of uniform application and legal certainty, the way in which the reduction to advances is applied, and to that end defines the various ways in which failure to fulfil the duty to communicate the questionnaire may occur, with the corresponding rate of reduction. In that regard the characteristics attributable to the flat-rate element in the reductions are not sufficient to make the reduction disproportionate, having regard to its aim, since the reductions do not appear to be excessive in view of the importance of due notification for the management of the levy scheme.
[ Bailii ]
Hedley Lomas and others v Commission T-455/93; [1997] EUECJ T-455/93
9 Jul 1997
ECFI
European, Agriculture
ECFI Agriculture - Common organization of the markets - Sheepmeat and goatmeat - Variable slaughter premium - Equivalent amount levied on export to another Member State (`clawback') - Recovery of clawback unlawfully charged - Detailed rules laid down by Regulation No 1922/92 - Breach of the principles of protection of legitimate expectations, legal certainty or proportionality - None
(Commission Regulation No 1922/92, Art. 2)
In so far as Article 2 of Regulation No 1922/92 amending Regulation No 1633/84 laying down detailed rules for applying the variable slaughter premium for sheep and determining the conditions for the reimbursement of the clawback following the judgment of the Court of Justice in Joined Cases C-38/90 and C-151/90 Lomas and Others provides for reimbursement merely of the difference between the clawback paid under Article 4 of the amended Regulation and the amount of the premium actually received, it breaches neither the principle of protection of legitimate expectations nor the principle of legal certainty. Given that the requests for payment of the clawback under Article 4 were not wholly devoid of legal authority, that the operators granted a premium should have expected that it would have to be recouped on export of the products and that the national law applicable on the date of the Court's judgment made it difficult to recover in full amounts unlawfully charged by a public authority, it does not appear that the traders concerned could legitimately harbour the slightest expectation, based on the facts or on national law, of full recovery of the clawback paid before that judgment was delivered.
Nor is the validity of Article 2(1) affected by the fact that the second subparagraph thereof provides an alternative method of calculating the amount to be reimbursed, based on the average amount of the premiums over a period of four weeks, since that alternative was made available in recognition of the difficulties encountered by some operators in providing proof as to premiums actually paid.
So far as concerns the difficulties mentioned above, the placing of the burden of proof on the exporters is not manifestly inappropriate and consequently does not contravene the principle of proportionality, since a prudent trader, knowing that he would be liable to pay the clawback, should have taken the necessary steps to obtain the evidence which would be required in due course to establish the amounts in question.
Commission Regulation No 1922/92, Art. 2
[ Bailii ]
Harries v Barclays Bank Plc [1997] EWCA Civ 2115; [1997] 2 EGLR 15
16 Jul 1997
CA
Agriculture, European
Milk quotas.
1 Citers
[ Bailii ]
Kruger v Hauptzollamt Hamburg-Jonas ECLI:EU:C:1997:378; C-334/95; [1997] EUECJ C-334/95
17 Jul 1997
ECJ
European, Agriculture
ECJ Judgment - Export refunds - Milk products - Discrimination - Assessment of validity - National court - Interim relief - Community Customs Code
[ Bailii ]
The Queen v Minister for Agriculture, Fisheries and Food, ex parte: National Farmers' Union and others C-354/95; [1997] EUECJ C-354/95; [1997] ECR I-4559
17 Jul 1997
ECJ
European, Agriculture
ECJ Judgment - Common agricultural policy - Regulation (EEC) No 3887/92 - Integrated administration and control system for certain Community aid schemes - Implementing rules - Interpretation and validity of penalties
[ Bailii ]
Macon and others v Prefet de l'Aisne (Rec 1997,p I-5429) (Judgment) C-152/95; [1997] EUECJ C-152/95
9 Oct 1997
ECJ
European, Agriculture
Europa Additional levy on milk - Reference quantity - Application for a grant of compensation for definitive discontinuation of milk production - Refusal.
[ Bailii ]
Regina v Ministry of Agriculture, Fisheries and Food, ex parte: Lay, Gage and Gage Case C-165/95
16 Oct 1997
ECJ
European, Agriculture
ECJ Agriculture - Common organization of the markets - Milk and milk products -Additional levy on milk - Allocation of reference quantities exempt from the levy - Producers having suspended deliveries under the system of premiums for non-marketing or conversion - Grant of a special reference quantity -Transfer of part of a mixed holding - Apportionment of the special reference quantity in proportion to the part of the holding given over to milk production at the time when the non-marketing undertaking was entered into (Council Regulations No 1078/77 and No 2055/93, Arts 1(2) and 2)
Articles 1(2) and 2 of Regulation No 2055/93, which introduced, under the additional milk levy system, rules for calculating the special reference quantity where part of a holding is transferred, must be interpreted as meaning that, where part of a mixed holding is transferred, the reference quantity must be apportioned between the transferor and transferee, or allocated to the transferee, in proportion to the part of the holding directly or indirectly given over to dairy production at the time when the non-marketing undertaking was entered into pursuant to Regulation No 1078/77, and not in proportion to the total area of the holding.
Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others; HL 16-Oct-1997 - Times, 20 December 1997; [1997] UKHL 55
Regina v Dorchester Crown Court ex parte Mihai Marchis [1997] EWHC Admin 911
22 Oct 1997
Admn
Crime, Agriculture
[ Bailii ]
Regina v Ministry of Agriculture, Fisheries and Food ex parte Tr and P Fisher [1997] EWHC Admin 923
24 Oct 1997
Admn
Agriculture
[ Bailii ]
Calcott v J S Bloor [1997] EWCA Civ 2580
28 Oct 1997
CA
Agriculture
[ Bailii ]
Regina v Leominster District Council ex parte Pothecary; CA 28-Oct-1997 - Gazette, 26 November 1997; Times, 18 November 1997; [1997] EWCA Civ 2585; [1998] JPL 335; [1997] 76 P&CR 346
Azienda Agricola 'Le Canne' v Commission [1997] EUECJ T-218/95
7 Nov 1997
ECFI
European, Agriculture
ECJ Agriculture - Fisheries - Aquaculture and establishment of protected marine areas - Community financial aid - Declaration of ineligibility of certain expenditure - Action for annulment - Action for damages.
[ Bailii ]
Moskof v Ethnikos Organismos Kapnou C-244/95; [1997] EUECJ C-244/95
20 Nov 1997
ECJ
C. Gulmann, P
European, Agriculture
ECJ Agriculture - Raw tobacco - Monetary measures - Agricultural conversion rates
[ Bailii ]
Crewe Services and Investment Corporation v Silk; CA 2-Dec-1997 - Times, 02 January 1998; [1997] EWCA Civ 2872; [1998] 35 EG 81
Commission v France C-265/95; [1997] EUECJ C-265/95
9 Dec 1997
ECJ
European, Agriculture
ECJ (Judgment) The Commission said France had failed to fulfil its obligations under the common organisation of the markets in agricultural, products and under Article 30, in conjunction with Article 5, of the EC Treaty. There had been for more than a decade violent acts committed by individuals and by protest movements of French farmers directly against agricultural products from other Member States. Lorries were damaged, their loads destroyed, shops selling the goods were threatened and the goods damaged. There was "a systematic campaign to restrict the supply of agricultural products from other Member States". France had failed to take adequate or proportionate measures to deter the perpetrators of such offences. France replied that it had condemned the acts, brought criminal prosecutions and monitored what was happening. Held: "it is a fact that, year after year, serious incidents have gravely jeopardised trade in agricultural products in France". Some incidents went on for several hours and only a very small number of the participants had been prosecuted. Article 30 "also applies where a Member State abstains from adopting the measures required in order to deal with obstacles to the free movement of goods which are not caused by the State. . . . Article 30 therefore requires the Member States. . . . when read with Article 5 of the Treaty, to take all necessary and appropriate measures to ensure that that fundamental freedom is respected on their territory". France had "manifestly and persistently abstained from adopting appropriate and adequate measures to put an end to the acts of vandalism which jeopardise the free movement on its territory" of agricultural products from other Members States. Franve had failed in its Treaty obligations.
Europa Free movement of goods - Agricultural products - Trade barriers resulting from actions by private individuals - Obligations of the Member States.
1 Citers
[ Bailii ]
Annibaldi v Sindaco del Comune di Guidonia and Presidente Regione Lazio (Rec 1997,p I-7493) (Judgment) C-309/96; [1997] EUECJ C-309/96
18 Dec 1997
ECJ
European, Agriculture
ECJ Agriculture - Nature and archaeological park - Economic activity - Protection of fundamental rights- Lack of jurisdiction of the Court.
1 Citers
[ Bailii ]