Agriculture - 1970- 1979

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This page lists 20 cases, and was prepared on 04 January 2012.

Einfuhr- und Vorratsstelle für Getreide und Futtermittel -v- Günther Henckk C-26/70
17 Dec 1970 ECJ	European, Agriculture
	Europa Agriculture - common organization of the markets - cereals - export licences - refund fixed in advance - deposit - amount - fixing such amount (Regulation no 102/64 of the commission, article 7)
	Link[s] omitted

W & JB Eastwood Ltd -v- Herrod (VO) [1971] AC 160
1971 HL Lord Reid, Lord Morris of Borth-y-Gest, Lord Guest and Viscount Dilhorne.	Rating, Agriculture	Casemap 1 Citers
	The House was asked whether buildings used for producing broiler chickens were agricultural buildings. They would be exempt had it been possible to say that they were used "solely" in connection with the agricultural operations on the land together with which they were occupied, which was used for the production of barely which was converted into poultry food. Held; The key words were "used in connection with". The ordinary usage of the English language suggested that the buildings must be subsidiary or ancillary to the agricultural operations, and that he did not foresee serious difficulty if the phrase was held to mean use consequential on or ancillary to the agricultural operations on the land which was occupied together with the buildings. The use of the buildings were in no sense ancillary to the agricultural operations on the land, as it was a large commercial enterprise in which the use of the land played a very minor part.
	Rating and Valuation (Apportionment) Act 1928 2(2)

Hannoversche Zucker Ag Rethen-Weetzen -v- Hauptzollamt Hannover (Agriculture) R-159/73; [1974] EUECJ R-159/73
30 Jan 1974 ECJ	European, Agriculture
	Link[s] omitted

M Charmasson -v- Minister For Economic Affairs and Finance R-48/74; [1974] EUECJ R-48/74
10 Dec 1974 ECJ	European, Agriculture
	Europa Derogations which a national organization may effect from the general rules of the treaty are only permissible provisionally until the end of the transitional period to the extent necessary to ensure its functioning, without however impeding the adaptations which are involved in the establishment of the common agricultural policy. they cease at the expiry of this period, when the provisions of article 33 must be fully effective. The national organization amounts to a totality of legal devices placing the regulation of the market in the products in question under the control of the public authority, with a view to ensuring, by means of an increase in productivity and of optimum utilization of manpower, a fair standard of living for producers, the stabilization of the market, the assurance of supplies and reasonable prices to the consumers. To continue permanently beyond the transitional period a simple quota system cannot respond to these conditions.
	Link[s] omitted

M Charmasson -v- Minister for Economic Affairs and Finance C-48/74
10 Dec 1974 ECJ	European, Agriculture
	Europa Derogations which a national organization may effect from the general rules of the treaty are only permissible provisionally until the end of the transitional period to the extent necessary to ensure its functioning, without however impeding the adaptations which are involved in the establishment of the common agricultural policy. They cease at the expiry of this period, when the provisions of article 33 must be fully effective. The national organization amounts to a totality of legal devices placing the regulation of the market in the products in question under the control of the public authority, with a view to ensuring, by means of an increase in productivity and of optimum utilization of manpower, a fair standard of living for producers, the stabilization of the market, the assurance of supplies and reasonable prices to the consumers. To continue permanently beyond the transitional period a simple quota system cannot respond to these conditions.
	Link[s] omitted

Filippo Galli (Judgment) C-31/74
23 Jan 1975 ECJ	European, Agriculture
	Europa In sectors covered by a common organization of the market, and especially when this organization is based on a common price system, member states can no longer take action, through national provisions taken unilaterally, affecting the machinery of price formation as established under the common organization. Article 103, which refers to member states' conjunctural policies, does not relate to those areas already subject to common rules such as the organization of agricultural markets. The only way compatible with community law of enabling member states to attain, in a sector covered by a common organization of the market, the objectives sought by national legislation and intended to combat a rise in prices, is for those states to take, at the community level, the necessary action for the purpose of prompting the competent community authority to institute or authorize measures which are consistent with the single market. The price system established by regulations nos 120/67 and 136/66 is applicable solely at the production and wholesale stage, with the result that these provisions leave member states free - without prejudice to other provisions of the treaty - to take the appropriate measures relating to price formation at the retail and consumption stages, on condition that they do not jeopardize the aims or functioning of the common organization of the market in question.
	Link[s] omitted

Procureur de la République at the Cour d'Appel Aix-en-Provence and Fédération Nationale des Producteurs de Vins de Table and Vins de Pays -v- Paul Louis Lahaille and others C-10/75;
30 Sep 1975 ECJ	European, Agriculture
	Europa Table wines, in order to be entitled to that designation and to move freely in the territory of the member states, need not comply with any rules of analysis other than those laid down in regulation no 816/70. A member state may not require in respect of wines from another member state an accompanying certificate other than that governed by community regulations. A member state may in the present state of community law apply as a national measure of control a presumption in law of over-alcoholization which is based on the proportion of alcohol to the dry extract measured by the 100* method, provided that that presumption is capable of being rebutted and that it is applied in such a way as not to place at a disadvantage, in law or in fact, as a measure having an effect equivalent to a quantitative restriction, wines from other member states.
	Link[s] omitted

Procureur Général at the Cour d'Appel Lyon -v- Henri Mommessin and others C-64/75
9 Dec 1975 ECJ	European, Agriculture
	Europa The methods of analysis laid down by regulation no 1539/71 are mandatory not merely when wine has to be analysed for commercial purposes but also whenever the determination of the elements referred to is necessary to establish fraud or adulteration. Regulation no 1539/71 is not exhaustive but leaves to the member states the choice of applying other methods of analysis for determining the constituent elements of wine which are not relevant to the application of regulations nos 816/70 and 817/70. A member state may in the present state of community law apply as a national measure of control a presumption in law of over-alcoholization which is based on the proportion of alcohol to the dry extract measured by the 100* method, provided that that presumption is capable of being rebutted and that it is applied in such a way as not to place at a disadvantage, in law or in fact, wines from other member states.
	Link[s] omitted

Riccardo Tasca (Rec 1976,P 291) (Gr76-125 P 76-135 Sv76-49 Fi76-49) (Judgment) C-65-75
26 Feb 1976 ECJ	European, Agriculture
	Europa 1. Agriculture - common organization of the market - sugar - sale - maximum prices - unilateral fixing by a member state - prohibition (regulation no 1009/67 of the council) 2. Quantitative restrictions - measures having equivalent effect - concept (EEC treaty, article 30) 3. Agriculture - common organization of the market - sugar - sale - maximum prices - unilateral fixing by a member state - quantitative restrictions - measure having equivalent effect (regulation no 1009/67 of the council, article 35) 4. Measures adopted by an institution - regulation - immediate effects -individual rights - protection (EEC treaty, article 189)
	Link[s] omitted

Entreprise Peter Cremer v Bundesanstalt für landwirtschaftliche Marktordnung -v- Balm C-125/76
11 Oct 1977 ECJ	European, Agriculture
	Europa Export refunds to third countries may under regulation no 171/64 of the commission of 30 October 1964 be granted for compound animal feeding-stuffs containing either cereals or cereal-based products or milk or milk products. Having regard to the objectives of the system of export refunds, an export refund for a compound animal feeding-stuff containing cereals or cereal-based products can be granted under regulation no 166/64 of the council of 30 October 1964 and regulation no 171/64 of the commission only where cereals or products to which regulation no 19 of the council of 4 April 1962 on the progressive establishment of a common organization of the markets in cereals applies are in fact contained in the mixture in significant proportions.
	Link[s] omitted

Beevor -v- Mason (1978) 37 P & CR 452
1978	Landlord and Tenant, Banking, Agriculture	Casemap 1 Citers
	Under the 1948 Act, effect must be given to a notice to quit served after failure to comply with a notice requiring the tenant to pay any rent due within two months of the notice. The evidence showed that the landlord had previously accepted payment of the rent by cheque posted on the date it was due. The court held that a cheque posted in this way on the last day of the two month notice period was payment of the rent on that day if the cheque was honoured. The cheque was not received by the landlord until after the notice had expired. Nevertheless, as a result of the previous course of dealing, the court held that the tenant was entitled to pay by cheque and treated the post office as the landlord’s agent for the purpose of deciding when the cheque was delivered.
	Agricultural Holdings Act 1948

British Beef Company Limited -v- Intervention Board for Agricultural Produce C-146/77
13 Jun 1978 ECJ	European, Agriculture
	Link[s] omitted

Pigs Marketing Board -v- Raymond Redmond C-83/78
29 Nov 1978 ECJ	European, Agriculture
	Link[s] omitted

Pigs Marketing Board -v- Raymond Redmond R-83/78; [1978] EUECJ R-83/78
29 Nov 1978 ECJ	European, Agriculture
	Link[s] omitted

Alexander -v- Tonkin [1979] 1 WLR 629
1979	Agriculture	Casemap 1 Citers
	The court discussed the meaning of the word 'fishing'.

Sukkerfabriken Nykøbing Limiteret -v- Ministry of Agriculture C-151/78
16 Jan 1979 ECJ	European, Agriculture
	Link[s] omitted

Union Laitière Normande -v- French Dairy Farmers C-244/78
12 Jul 1979 ECJ	European, Agriculture
	Link[s] omitted

Procureur général -v- Hans Buys, Han Pesch and Yves Dullieux and Denkavit France SARL. C-5/79
18 Oct 1979 ECJ	European, Agriculture
	Agricultural price freeze.
	[ Europa ]

Gaetano Toffoli and others -v- Région de Vénétie C-10/79
6 Nov 1979 ECJ	European, Agriculture
	Link[s] omitted

Criminal proceedings against Joseph Danis and others C-16/79
6 Nov 1979 ECJ	European, Agriculture, Crime
	Agricultural price freeze.
	Link[s] omitted