Regina v Ministry of Agriculture, Fisheries and Food and Commissioners of Customs and Excise, ex parte National Farmers’ Union and others: ECJ 5 May 1998

Land from which nitrates were leeching off into rivers causing pollution, had to be designated as environmentally vulnerable land, if agricultural activities were a substantial even if only partially cause of the pollution. ‘As regards . . . the principle of proportionality, it is settled law that, in order to establish whether a provision of Community law complies with that principle, it must be ascertained whether the means which it employs are suitable for the purpose of achieving the desired objective and whether they do not go beyond what is necessary to achieve it.’

Citations:

Times 10-May-1999, Case C-293/97, C-157/96, [1998] EUECJ C-157/96

Links:

Bailii

Statutes:

Council Directive 91/676/EEC

Cited by:

CitedRegina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it . .
Lists of cited by and citing cases may be incomplete.

Environment, European, European

Updated: 03 June 2022; Ref: scu.161859