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swarb.co.uk - law indexThese 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. Â |
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Agriculture - From: 2004 To: 2004This page lists 35 cases, and was prepared on 02 April 2018. ÂCaseificio Cooperativo di Cornedo Soc coop arl v Ministero delle Finanze C-69/03 8 Jan 2004 ECJ European, Agriculture Europa Article 104(3) of the Rules of Procedure - Regulations (EEC) Nos 1079/77 and 1822/77 - Co-responsibility levy on cows' milk - Concept of delivery to a purchaser.  Fleuren Compost v Commission (Judgment) T-109/01; [2004] EUECJ T-109/01 14 Jan 2004 ECFI European, Agriculture Europa Actions for annulment - State aid - Aid granted by the Kingdom of the Netherlands to manure-processing undertakings - Scheme approved by the Commission for a fixed period - Aid granted before or after the approved period. [ Bailii ]  Intervention Board for Agricultural Produce v Penycoed Farming Partnership C-230/01; [2004] EUECJ C-230/01 15 Jan 2004 ECJ European, Agriculture ECJ Regulation (EEC) No 3950/92 - Additional levy in the milk and milk products sector - Deliveries by a producer to a purchaser - Payment of levy - Recovery from the producer. [ Bailii ]  Ministero delle Politiche Agricole e Forestali v Consorzio Produttori Pompelmo Italiano Soc Coop arl (COPPI) C-271/01; [2004] EUECJ C-271/01 22 Jan 2004 ECJ European, Agriculture Agriculture - EAGGF - Cancellation of financial assistance - Regulation (EEC) No 4253/88 - Articles 23 and 24 - Supervisory powers of the Commission and Member State respectively. [ Bailii ]  Department of Environment, Food and Rural Affairs v Maltco 3 Ltd and Another [2004] EWCA Civ 82 22 Jan 2004 CA Agriculture, European [ Bailii ]  British Sugar v Intervention Board for Agricultural Produce C-329/01; [2004] EUECJ C-329/01; [2004] ECR I-1899 19 Feb 2004 ECJ European, Agriculture CJ Agriculture - Common organisation of the markets - Sugar - Regulation (EEC) No 2670/81 - Proof of export - Regulation (EEC) No 3719/88 - Correction of an export licence - Obvious inaccuracy - Principle of proportionality. Regulation (EEC) No 3719/88 - Regulation (EEC) No 2670/81 1 Citers [ Bailii ]  Banks and Another v Secretary of State for Environment, Food and Rural Affairs [2004] EWHC 416 (Admin); Times, 19 April 2004 15 Mar 2004 Admn Sullivan J Agriculture, Administrative The claimant sought a review of the respondent's failure to deal fairly with him by not making proper disclosure of information upon which it had relied in making a movement restriction notice as regarded the claimant's herd of beef cattle. Trading Standards Officers had called at the farm and removed samples of what they suspected were inappropriate animal foodstuffs. They went on to make the order. Held: The responses, far from being full, had been evasive. They had withheld evidence, failed to state the basis of their claim, and misrepresented the evidence. The statement was a 'travesty of the truth' The defendants had substantial loss but with no apparent means of financial redress. 1 Cites [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-489/00 C-489/00; [2004] EUECJ C-489/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers [ Bailii ]   Cooperativa Lattepiu v Azienda di Stato per gli interventi nel mercato agricolo; ECJ 25-Mar-2004 - C-231/00; [2004] EUECJ C-231/00   Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo; ECJ 25-Mar-2004 - C-480/00; [2004] EUECJ C-480/00   Visentin and others v Azienda di Stato per gli interventi nel mercato agricolo; ECJ 25-Mar-2004 - C-495/00; [2004] EUECJ C-495/00  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-481/00 C-481/00; [2004] EUECJ C-481/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers 1 Cites [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-484/00 C-484/00; [2004] EUECJ C-484/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-490/00 C-490/00; [2004] EUECJ C-490/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-497/00 C-497/00; [2004] EUECJ C-497/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-498/00 C-498/00; [2004] EUECJ C-498/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-499/00 C-499/00; [2004] EUECJ C-499/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers 1 Citers [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-491/00 C-491/00; [2004] EUECJ C-491/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers [ Bailii ]  Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli interventi nel mercato agricolo C-482/00 C-482/00; [2004] EUECJ C-482/00 25 Mar 2004 ECJ European, Agriculture Agriculture - Common organisation of the markets - Milk and milk products - Additional levy on milk - Regulations (EEC) Nos 3950/92 and 536/93 - Reference quantities - Ex post correction - Notification of producers [ Bailii ]  Bellio F.lli Srl v Prefettura di Treviso C-286/02; [2004] EUECJ C-286/02 1 Apr 2004 ECJ European, Agriculture ECJ (Judgment) Agriculture - Animal health - Protection measures with regard to transmissible spongiform encephalopathies - Use of animal proteins in animal feed [ Bailii ]  Lancashire County Council v Taylor and Another [2004] EWHC 776 (QB) 7 Apr 2004 QBD Stanley Brunton J Agriculture, Landlord and Tenant, Human Rights Agricultural Holdings Act 1986 - European Convention on Human Rights [ Bailii ]  Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs [2004] EWCA Civ 527; Times, 10 May 2004; [2005] I QB 93 29 Apr 2004 CA Pill, Thomas and Jacob LJJ Damages, Agriculture, Human Rights The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention. Held: Though the Convention rights had been extended to cover the Falkland Islands and its dependencies, the rights under the first protocol had not been so extended, and the claim failed. In issuing an instruction the Queen had acted in right of the United Kingdom, and not the overseas territory, by reason of the particular facts of that case, and in particular (i) the fact that it was concerned with a dependent territory, not a sovereign state; (ii) the small size, population and resources of the territory; and (iii) the wording of its constitution. ".... In respect of the Protocol, South Georgia does not fall within its legal space on the ground that the Convention applies there, or for any other reason, or because the June instruction was unlawful as contrary to the law of England and Wales ..... " European Convention on Human Rights 1 Cites 1 Citers [ Bailii ]  Penycoed Farming Partnership v Intervention Board for Agricultural Produce [2004] EWCA Civ 812 10 Jun 2004 CA Agriculture, European Payment of levy on milk produced in excess of quota. [ Bailii ]  Commission v Italy C-381/01 [2004] EUECJ C-381/01 15 Jul 2004 ECJ VAT, Agriculture ECJ Failure of a Member State to fulfil obligations - Directive 77/388/EEC - VAT - Article 11(A)(1)(a) - Taxable amount - Subsidy directly linked to the price - Regulation (EC) No 603/95 - Aid granted in the dried fodder secto [ Bailii ]   Lodgepower Ltd v Taylor; CA 22-Oct-2004 - [2004] EWCA Civ 1367; Times, 03 November 2004  Artrada and Others C-124/03; [2004] EUECJ C-124/03 28 Oct 2004 ECJ Agriculture ECJ Animal health - Production and placing on the market of raw milk, heat-treated milk and milk-based products - Mixture made of sugar, cocoa and skimmed milk powder, imported from Aruba [ Bailii ]  Portugal v Commission C-249/02; [2004] EUECJ C-249/02 11 Nov 2004 ECJ European, Agriculture [ Bailii ]  Cantina Sociale Di Dolianova and Others -c- Commission T-166/98; [2004] EUECJ T-166/98 23 Nov 2004 ECFI European, Agriculture [ Bailii ]  Department for Environment, Food and Rural Affairsv Feakins and Another Times, 29 December 2004 26 Nov 2004 ChD Hart J Contract, Torts - Other, Agriculture The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. Held: The department did not have power under the Act to bury slaughtered animals on land which was not occupied by their owner, and the counterclaim succeeded. However the defendant had displayed a readiness to dissemble in order to get his bank which had taken possession of the farm to resell it to the lady who was soon to be his wife without disclosing his relationship. The legislation was operative against someone who took part in a transaction at an undervalue. Mr Feakins knew that she would immediately resell the land for twice the amount once purchased when he, by arrangement, had already agreed to surrender his agricultural tenancy. Accordingly the transaction could be set aside. Insolvency Act 1985 423 - Animal Health Act 1981 34 1 Cites 1 Citers  Department for Environment Food and Rural Affairs v Feakins and Another [2004] EWHC 2735 (Ch) 26 Nov 2004 ChD Agriculture [ Bailii ]  Verderers of The New Forest v Young and Others [2004] EWHC 2954 (Admin) 1 Dec 2004 Admn Collins, Stanley Burnton JJ Land, Agriculture e New Forest (Confirmation of the Byelaws of the Verderers of the New Forest) Order 1999 [ Bailii ]  Commission v Spain C-42/03 [2004] EUECJ C-42/03 2 Dec 2004 ECJ European, Agriculture Fisheries Policy - Failure to fulfill obligations - Fishing - Conservation and management of resources - fishing activities - Control measure [ Bailii ]  Gavrielides Oy C-398/03 [2004] EUECJ C-398/03 2 Dec 2004 ECJ European, Agriculture Directive 90/642/EEC - Maximum levels for pesticide residues - Vine leaves Directive 90/642/EEC [ Bailii ]  MartaPeix v Commission C-226/03; [2004] EUECJ C-226/03 P; [2004] EUECJ C-226/03 P 2 Dec 2004 ECJ European, Agriculture (Fisheries Policy) [ Bailii ] - [ Bailii ]  Italy v Commission French Text C-24/03; [2004] EUECJ C-24/03 16 Dec 2004 ECJ European, Agriculture [ Bailii ]  |
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