Agriculture - 1960- 1969

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This page lists 7 cases, and was prepared on 04 October 2008.

Mansi -v- Elstree Rural District Council (1964) 16 P & CR 158
1964 QBD Widgery J	Planning, Agriculture	Casemap 1 Citers
	The local planning authority served an enforcement notice reciting that the appellant had changed the use of a glasshouse on a nursery garden from use for agricultural purposes to the use for the sale of goods and requiring the appellant to discontinue the latter use. No reference was made in the notice to the former subsidiary use for the retail sale of nursery produce and other articles nor was there any provision for its continuance. The court held that the Minister ought to have amended the notice under the powers given to him so as to make it perfectly clear that the notice did not prevent the appellant from using the premises for the sale of goods by retail, provided that such sale was on the scale and in the manner to which he was entitled in 1959, as the Minister himself had found. True that use was a subsidiary one, but nevertheless it should be protected and, in my judgment, this appeal should be allowed to the extent that the decision in question should be sent back to the Minister with a direction that he ought to amend the notice so as to safeguard the appellant's established right as found by the Minister to carry on retail trade in the manner and to the extent to which the Minister had found it was carried on in 1959.

Verrall -v- Farnes [1966] 1 WLR 1254
1966 Cross J	Landlord and Tenant, Agriculture
	Consideration for an agreement need not take a monetary form. As to s2, Cross J said: "After all, one of the objects of the Act of 1948, as I understand the matter, was to give security of tenure to those actually farming that land, so that they should not be tempted to take the last halfpenny of profit out of it during the period for which they had a contractual right to remain in occupation, without regard to its future welfare after the date when they were liable to be turned out."
	Statute References omitted

Williams -v- Minister of Housing and Local Government (1967) 18 PCR 514
1967 QBD	Planning, Agriculture	Casemap 1 Citers
	An Enforcement Notice was served as to the use of a timber building situated on nursery land as a retail shop for selling produce produced on the land. The owner sought also to sell produce grown on other people’s land. It was against this extension that it was sought to enforce. Held: The Minister’s view that use for agriculture necessarily includes the selling of products grown on the land but that the selling of products grown elsewhere was not included was correct.

W Beus GmbH & Co v Hauptzollamt München (Judgment) C-5/67
13 Mar 1968 ECJ	European, Agriculture
	Europa Agriculture - common agricultural policy - common organization of the markets - fruit and vegetables - entry price - deduction of taxes on imports, including the German turnover equalization tax - fixing - duties of the commission (regulation no 23 of the council of the EEC of 4 April 1962, sixth subparagraph of article 11(2); regulation no 65/65 of the council of the EEC of 13 may 1965, article 1) 2. Agriculture - common agricultural policy - common organization of the markets - fruit and vegetables - reference price - fixing - power of the commission to exercise its discretion - review by the court (regulation no 23 of the council of the EEC of 4 April 1962, second subparagraph of article 11(2); regulation no 65/65 of the council of the EEC of 13 may 1965, article 1) 3. Agriculture - common agricultural policy - objectives - protection of the interests of producers and consumers - conflict of interests - principle of community preference (EEC treaty, article 39; article 44(2)) 4. Measures adopted by community institutions - statement of reasons in regulations - requirement to state the reasons on which the measure is based - extent (EEC treaty, article 190). 1. The expression " other taxes on imports " appearing in the sixth subparagraph of article 11(2) of regulation no 23, as amended by article 1 of regulation no 65/65/eec covers the turnover equalization tax collected in Germany (" umsatzausgleichssteuer ") as well as the community countervailing charge collected on the basis of the said regulations. In calculating the entry price of fruit and vegetables from third states, it is necessary therefore to deduct from the amount of these taxes the prices recorded on the representative import markets of the member states. Since the said sixth subparagraph provides that the entry price shall be fixed " on the basis of the lowest prices recorded on the representative import markets ", the commission must take into account the lowest prices ruling on each market during the observation period. 2. The expression " considerable part of the marketed output throughout the year or during a part thereof ", used in the second subparagraph of article 11(2) of regulation no 23, as amended by the sole article of regulation no 65/65/eec, shows that the commission has a certain area of discretion as to the choice of varieties to be considered for fixing the reference price for fruit and vegetables. The court must therefore confine itself where necessary to considering whether or not the choice made by the commission is of an arbitrary nature. 3. The objectives set out in article 39 of the EEC treaty, which are intended to safeguard the interests of farmers and consumers, may not all be simultaneously and fully attained. In balancing these interests, the council must take into account, where necessary, in favour of the farmers the principle known as " community preference ", which is one of the principles of the treaty and which in agricultural matters is laid down in articles 44(2). 4. The extent of the requirement, laid down by article 190 of the treaty, to state the reasons on which measures are based, depends on the nature of the measure in question. The statement of the reasons for a regulation may be confined to indicating the general situation which led to its adoption, on the one hand, and the general objectives which it is intended to attain on the other. Consequently it is not possible to require that it should set out the various facts, which are often very numerous and complex, on the basis of which the regulation was adopted, or a fortiori that it should provide a more or less complete evaluation of those facts.
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Firma Milchwerke H Wöhrmann & Sohn KG -v- Hauptzollamt Bad Reichenhall(Judgment) C-7/67
4 Apr 1968 ECJ	European, Agriculture
	Europa Agriculture - common agricultural policy - common organization of the markets - milk and milk products - importation from third countries - charge by way of turnover tax - not a charge having an effect equivalent to a customs duty - legality (regulation no 13/64/eec of the council of 5 February 1964, article 12(2)). A tax imposed on the importation of products from third countries does not constitute a charge having an effect equivalent to a customs duty within the meaning of article 12(2) of regulation no 13/64 on the progressive establishment of a common organization of the markets in milk and milk products when it is imposed as a charge under the national system of turnover tax. Cf. Paragraph 5, summary, case 57/65, (1966) ECR 295.
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Firma Schwarzwaldmilch GmbH -v- Einfuhr- und Vorratsstelle für Fettee (Judgment) C-4/68
11 Jul 1968 ECJ	European, Agriculture
	Europa 1. Agriculture - common organization of the markets - milk - imports subject to the production of a licence - importation impossible during the term of validity of such licence - case of force majeure - ' engine failure ' within the meaning of article 6(3) of regulation no 136/64/eec of the commission - concept 2. Force majeure - concept 3. Agriculture - common organization of the markets - milk - importation subject to the production of a licence - importation impossible during the term of validity of such licence - case of force majeure relied on by the importer - evidence to be adduced (regulation no 136/64/eec, article 6(2)) 4. Agriculture - common organization of the markets - milk - importation subject to the production of a licence - importation impossible during the term of validity of such licence - case of force majeure - national courts - jurisdiction in cases not referred to in article 6(3) or not recognized by the national authorities in accordance with article 6(4) of regulation no 136/64/eec 1. The concept of ' engine failure ' referred to in article 6(3) of regulation no 136/64/eec does not include failures which occur in machinery intended for the production of goods. 2. As the concept of force majeure is not identical in the different branches of law and the various fields of application, the significance of this concept must be determined on the basis of the legal framework within which it is intended to take effect. Recognition of a case of force majeure presupposes that the consequences of the unusual event to which this concept relates cannot be avoided. 3. Within the meaning of regulation no 136/64/eec, when an importer relies on force majeure he must show that he was unable to effect the importation within the period laid down as a result of unusual circumstances outside his control, the consequences of which, in spite of the exercise of all due care on his part, he could not have avoided except at the cost of excessive sacrifice. 4. The courts of member states may, within the limits of their own jurisdiction, recognize the existence of a case of force majeure not only when the situation relied on is included in those enumerated in article 6(3) or when it has been recognized by the national authorities in accordance with paragraph (4), but also in other specific cases which justify the application of the exemption referred to in article 6(2).
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Commission of the European Communities v Italian Republic (Judgment) C-45/64
19 Nov 1969 ECJ	European, Agriculture
	1. Internal taxation - non-discrimination - potable spirits (EEC treaty, article 95) 2. Agriculture - potable spirits - not an agricultural product (regulation no 7) 3. Agriculture - establishment of the common market - exceptions - strict interpretation. 1. The taxation of potable spirits imported from one member state on the basis of a notional alcoholic content amounts to discrimination incompatible with article 95 of the EEC treaty. 2. As potable spirits are not agricultural products (regulation no 7(a) of 18 December 1959) they are not subject to the provisions of articles 39 to 46 of the treaty. 3. In agriculture the permitted derogations 3. In agriculture the permitted derogations from certain rules laid down for the establishment of the common market are exceptions and as such must be strictly interpreted.
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