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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: 1999 To: 1999

This page lists 20 cases, and was prepared on 02 April 2018.

 
Millington v Secretary of State for the Environment (1999) 1 PLR 36
1999
QBD
Judge Rich QC
Planning, Agriculture
The court commented on provisions in a circular as to the correctness of imposing planning conditions where it was thought that they might not be fulfilled: "I think that that footnote is mistaken. Certainly the case leaves it open to the Secretary of State to refuse to impose such a condition if there are reasons other than the unlikelihood of implementation. But the unlikelihood of implementation is not by itself a sufficient reason to refuse, and allowing it to be policy cannot make it so."
1 Citers



 
 Regina v Kent and Essex Sea Fisheries Committee ex parte Smith and Lineham; Admn 13-Jan-1999 - [1999] EWHC Admin 20
 
Astonquest Ltd, Regina (on The Application of) v Ministry of Agriculture, Fisheries and Food [1999] EWCA Civ 570
14 Jan 1999
CA
Hirst, Aldous, Ward LJJ
European, Agriculture
The court considered the lawfulness of the manner in which the Ministry allocates fish quotas to vessels, such as that owned and managed by the appellant, which are not members of producer organisations.
[ Bailii ]
 
Unity Fr 165 Limited v Stephen Bellany v Ministry of Agriculture, Fisheries and Food [1999] EWHC Admin 32
14 Jan 1999
Admn

European, Agriculture, Crime

[ Bailii ]
 
Unity FR 165 Ltd and Another v Ministry of Agriculture Fisheries and Food Times, 20 January 1999
20 Jan 1999
QBD

European, Agriculture
When looking at the compliance of a company mackerel fishing with European limits, the boat had to comply with all elements of the regulations, including notification before entering the area and notification of the size of the catch.
Council Regulation 894/97 art 9

 
Nigel William Mott David Henry Merrett v Environment Agency [1999] EWCA Civ 614
20 Jan 1999
CA

Agriculture

[ Bailii ]
 
European Parliament v Council of the European Union 162111 C-164/97
25 Feb 1999
ECJ

Agriculture, Environment
ECJ Regulations on the protection of forests against atmospheric pollution and fire - Legal basis - Article 43 of the EC Treaty - Article 130s of the EC Treaty - Parliament's prerogatives.
Europa "It is clear from the provisions of the amended regulations that the aims of the Community schemes for the protection of forests are partly agricultural since they are intended in particular to contribute to safeguarding the productive potential of agriculture, and partly of a specifically environmental nature, since their primary objective is to maintain and monitor forest ecosystems.
In such circumstances it is necessary, in order to determine the appropriate legal basis, to consider whether the measures in question relate principally to a particular field of action, having only incidental effects on other policies, or whether both aspects are equally essential. If the first hypothesis is correct, recourse to a single legal basis is sufficient …; if the second is correct, it is insufficient … and the institution is required to adopt the measure on the basis of both the provisions from which its competence derives … . However, no such dual basis is possible where the procedures laid down for each legal basis are incompatible with each other … .
With more particular reference to the common agricultural policy and the Community environmental policy, there is nothing in the case-law to indicate that, in principle, one should take preference over the other. It makes clear that a Community measure cannot be part of Community action on environmental matters merely because it takes account of requirements of protection referred to in Article 130r(2) of the EC Treaty … . Articles 130r and 130s leave intact the powers held by the Community under other provisions of the Treaty and provide a legal basis only for specific action on environmental matters … . In contrast, Article 130s of the Treaty must be the basis for provisions which fall specifically within the environmental policy …, even if they have an impact on the functioning of the internal market … or if their objective is the improvement of agricultural production …
1 Citers


 
Antonio Munoz Y Cia S A , Superior Fruticola S A v Frumar Limited, Redbridge Produce Marketing Limited Times, 02 April 1999
26 Mar 1999
PatC

European, Agriculture, Intellectual Property
European legislation which controlled the naming and use of patented grape varieties did not provide for actions directly between the owner of the mark and an infringer. The purpose of the legislation was consumer protection achieved in other ways.
EC Treaty
1 Cites

1 Citers


 
Regina v Ministry of Agriculture, Fisheries and Food, ex parte Bray Gazette, 21 April 1999; Times, 13 April 1999; [1999] EWHC Admin 252
13 Apr 1999
QBD

Environment, Agriculture
A bylaw, restricting fishing by reference to the size of the ship, was valid. The words must not be construed out of context of the whole Act, and in this case an 'instrument' used for fishing did not include the vessel itself.
Sea Fisheries Regulation Act 1966
[ Bailii ]
 
Monsanto v Commission T-112/97; [1999] EUECJ T-112/97
22 Apr 1999
ECFI

Agriculture
ECFI 1 Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision rejecting a subsidiary's application for inclusion of a pharmacologically active substance in the list of substances not subject to maximum residue limits - Action brought by the parent company - Whether admissible
(EC Treaty, Art. 173, fourth para.)
2 Procedure - Grounds of judgments - Judgment annulling a measure - Grounds identical to those of a previous judgment - Reference to be made to the grounds of the earlier judgment
[ Bailii ]
 
Regina v Minister of Agriculture, Fisheries and Food, ex parte Standley and others C-293/97; [1999] EUECJ C-293/97
29 Apr 1999
ECJ

Environment, Agriculture
(Judgment) Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Identification of waters affected by pollution - Designation of vulnerable zones - Criteria - Validity in the light of the polluter pays principle, the principle that environmental damage should as a priority be rectified at source, the principle of proportionality and the right to property
[ Bailii ]
 
H and R Ecroyd v Commission T-220/97; [1999] EUECJ T-220/97
20 May 1999
ECFI
Moura Ramos P
European, Agriculture
ECFI Preliminary rulings - Assessment of validity - Declaration that a regulation is invalid - Effects - Application by analogy of Article 176 of the Treaty (now Article 233 EC)- Obligations of the Community institutions - Scope - Compensation for damage caused by the illegality found - Covered (EC Treaty, Arts 176, 177 and 215, second para. (now Arts 233 EC, 234 EC and 288, second para., EC)
When, in proceedings under Article 177 of the EC Treaty (now Article 234 EC), the Court of Justice rules that an act adopted by the Community legislature is invalid, its decision has the legal effect of requiring the competent Community institutions to adopt the measures necessary to remedy that illegality. They must therefore take the measures necessary to comply with that judgment in the same way as they must, under Article 176 of the Treaty (now Article 233 EC), in the case of a judgment annulling a measure or declaring that the failure of a Community institution to act is unlawful. When a Community measure is held to be invalid by a preliminary ruling, the obligation laid down by Article 176 of the Treaty applies by analogy.
The obligation on the institutions to take the measures necessary to remedy illegalities found by the Community judicature requires them not only to adopt the essential legislative or administrative measures but also to make good damage which has resulted from the unlawful act, subject to fulfilment of the conditions laid down in the second paragraph of Article 215 of the Treaty (now the second paragraph of Article 288 EC)concerning the presence of fault, harm and a causal link.
Regulation (EEC)No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk products
[ Bailii ]
 
Antonio Munoz Y Cia SA Superior Fruitcola SA v Frumar Limited Redbridge Produce Marketing Limited [1999] EWCA Civ 1591
16 Jun 1999
CA
Mummery LJ
European, Agriculture
The claimant sought to enforce European agricultural quality standards against the defendant, who was selling grapes in breach of the European Directive. Held: The defendants were in breach, but the Directive did not give the claimants a direct right to enforce it. The issue was referred to the European Court.
1 Cites

1 Citers

[ Bailii ]
 
Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council Gazette, 07 July 1999; Times, 29 June 1999; (2000) JPL 297; [1999] EWCA Civ 1682
25 Jun 1999
CA
Schiemann LJ
Planning, Agriculture
The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State's reaction to the judges comments at first instance on planning conditions: "The Secretary of State takes exception to those comments by the judge. We have not heard full argument on those points having indicated to the parties that we were not prepared to do so in the context of this appeal. The judge had in front of him argument in relation to what was a positive rather than a negative condition and so his comments in relation to negative conditions were not necessary for his decision. . . . We do not regard it as appropriate to lengthen our judgments by a consideration of a difficult question which has already troubled the House of Lords and the resolution of which was not necessary for the judge nor is it for us."
Town and Country Planning Act 1990 55(2)
1 Cites

1 Citers

[ Bailii ]
 
Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36; [1999] 64 ALR 606; [1999] 64 73 ALJR 1190
12 Aug 1999

Kirby J
Commonwealth, Negligence, Agriculture
(High Court of Australia) The plaintiff farmers sought damages for financial losses incurred after the defendant negligently introduced a disease. Although the disease was not shown to have spread, neighbouring farm owners suffered economic loss by the imposition of a potato marketing ban in Western Australia attributable to the proximity of their farms to the outbreak of the disease, and sued the defendant for what was therefore pure economic loss (the absence of any escape of the disease preventing a claim under Rylands v. Fletcher). Held: An important criterion for the imposition of liability for economic loss lay in ascertaining the extent to which the plaintiff was vulnerable to incurring loss by reason of the defendant's conduct, and the extent to which that was or should have been apparent to the defendant.
Kirby J: "As against the approach which I favour, it has been said that the three identified elements are mere 'labels'. So indeed they are. . . Labels are commonly used by lawyers. They help steer the mind through the task in hand."
1 Citers

[ Austlii ]
 
Morrison-Low v Paterson and Another [1999] ScotCS 220
16 Sep 1999
IHCS
Lord Abernethy and Lord Allanbridge and Lord Kirkwood
Scotland, Agriculture

1 Citers

[ Bailii ] - [ ScotC ]
 
Le Canne v Commission [1999] EUECJ C-10/98P
5 Oct 1999
ECJ

Agriculture
Judgment - Appeal - Aquaculture - Regulations (EEC) No bones 4028/86 and 1116/88 - Community financial aid - Reduction of aid
[ Bailii ]
 
Regina v Ministry of Agriculture Fisheries and Food ex parte British Pig Industry Support Group and Meryl Suzanne Ward [1999] EWHC Admin 826
30 Nov 1999
Admn

Agriculture

[ Bailii ]

 
 Grammer v Lane and Others; CA 2-Dec-1999 - Times, 02 December 1999; Gazette, 17 December 1999
 
Astonquest Ltd, Regina (on The Application of) [2000] Eu LR 371; [1999] EWCA Civ 3058
21 Dec 1999
CA

European, Agriculture
Application for reference to the ECJ on issues concerned with the implementation of the common fisheries policy of the European Union.
[ Bailii ]
 
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