William Dowling v Ireland, Attorney General and Minister for Agriculture and Foods: ECJ 22 Oct 1992

Europa The combined provisions of Articles 3(3) and 3a of Regulation No 857/84, as amended by Regulation No 764/89 and subsequently by Regulation No 1639/91, do not provide for any possibility of granting a reference quantity to a producer whose conversion period, in performance of an undertaking given under Regulation No 1078/77, expired before 1 January 1983, even though that producer was prevented by an occupational incapacity from delivering milk between the expiry of his undertaking and the end of 1983, the reference year adopted by the Member State concerned. The rules, thus construed, do not infringe the principle of the protection of legitimate expectations, since that principle does not require the grant of a reference quantity to be made available to a producer who did not, on the expiry of his conversion period, resume milk production as a result of an occupational incapacity and consequently did not make any milk deliveries during the reference year adopted by the Member State concerned. Nor can such a producer rely, for the purpose of obtaining a reference quantity, on the quantity of milk that he would have delivered during either of the remaining two years within the period 1981 to 1983 if, during those years, he had not been bound by his undertaking. Those rules likewise do not infringe the prohibition of discrimination, since the difference of treatment suffered by such a producer by virtue of his being unable to prove deliveries during 1981 and 1982 and therefore not being entitled to request that another reference year be taken into account, stems from the fact that the rules in question do not allow account to be taken of a reference year outside the period 1981 to 1983 or of a theoretical quantity calculated on the basis of milk deliveries made during a period prior to 1981. Such an exclusion is objectively justified by the need to limit the number of years which may be taken as reference years, in the interests of both legal certainty and the effectiveness of the additional levy system.
C-85/90, [1992] EUECJ C-85/90
Cited by:
CitedShanning International Ltd (in liquidation) v Lloyds Bank plc Lloyds Bank plc v Rasheed Bank HL 2-Jul-2001
Under a series of cross guarantees, equipment was supplied to Iraq. Final payment was due on delivery of the final equipment. Before it could be delivered, the prohibitions came into effect against satisfying or making any claims in connection with . .

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Updated: 04 January 2021; Ref: scu.160470