Agriculture - 1980- 1984

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This page lists 8 cases, and was prepared on 04 October 2008.

Johnson -v- Moreton [1980] AC 37
1980 HL Lord Salmon, Lord Hailsham of St Marylebone	Landlord and Tenant, Agriculture	Casemap 1 Citers
	The tenant had, in the tenancy agreement itself, purported to contract "not in any event to serve a counter-notice under Section 24(1)" of the 1948 Act. Held: A head tenant under an agricultural tenancy has the right to challenge any notice to quit by serving a counter-notice, and any agreement purporting to exclude or curtail that right is unenforceable. The estoppel relied on was an estoppel by convention alleged to arise as a result of the common intention of the parties as at the date of the agreement. The question is whether the right conferred is exclusively personal (in which case waiver will be permitted) or is designed to serve other, broader public purposes and so, compendiously, whether to permit a waiver would undermine or frustrate the purposes of the statute.

Richard Pool -v- Council of the European Communities (Rec 1980,P 569) (Gr80-I 0295) (Judgment) C-49/79; [1980] EUECJ C-49/79
4 Mar 1980 ECJ	European, Contract, Agriculture
	Europa 1. Non-contractual liability - conditions - illegality - damage - chain of causality (EEC Treaty, art. 215, second paragraph) 2. Agriculture - common organization of the markets - beef and veal - price system - right of producers to precise price levels of community rules - none (regulation no 805/68 of the council) 1. The non-contractual liability of the community under the second paragraph of article 215 of the EEC Treaty depends on the coincidence of a set of conditions as regards the unlawfulness of the acts alleged against the institution, the fact of damage, and the existence of a direct link in the chain of causality between the wrongful act and the damage complained of. 2. The price system which is an integral part of the common organization of the market in beef and veal - established by regulation no 805/68 - does not have the effect of guaranteeing to individual traders that their produce will be disposed of at the precise price level determined by community rules. That level, expressed in units of account, does not therefore constitute a value which could be used as a basis for comparison with the prices obtained by a producer on the market with a view to demonstrating that certain damage has been caused.
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Express Dairy Foods Limited -v- Intervention Board for Agricultural Produce (Rec 1980,P 1887) (Gr80-Ii 0271 Sv80-227 Fi80-227) (Judgment) C-130/79
12 Jun 1980 ECJ	European, Agriculture
	Europa 1. Agriculture - monetary compensatory amounts - application to powdered whey - commission regulations adopted between 1 February 1973 and 11 august 1977 - invalidity 2. European communities - own resources - compensatory amounts charged on the basis of invalid community regulations - recovery - application of national law - conditions and limits - taking into consideration the fact that a charge may have been passed on - award of interest (council decision of 21 April 1970, art. 6; regulation no 2/71 of the council, art. 1) 1. The commission regulations adopted between 1 February 1973 and 11 august 1977, fixing monetary compensatory amounts and certain rates necessary for their application, must be regarded as invalid in so far as they fix monetary compensatory amounts in respect of trade in powdered whey and are therefore to that extent contrary to article 1 (2) (b) of regulation no 974/71 of the council. 2. Disputes relating to the recovery of sums levied on behalf of the community come within the jurisdiction of national courts and must be settled by those courts in application of their national law as regards both procedure and substance to the extent to which community law has not made other provision in the matter. However, the application of national legislation must be effected in a non-discriminatory manner having regard to the procedural rules relating to disputes of the same type, but purely national, and in so far as procedural rules cannot have the result of making impossible in practice the exercise of rights conferred by community law. In these circumstances and in the absence of community provisions it is for the national authorities to decide as to the recovery of sums unduly charged on the basis of community regulations which have been declared invalid and to settle in terms of the national law applicable all ancillary questions such as, on the one hand, whether the fact that it may have been possible for the charge improperly imposed to be passed on to other traders or to consumers should be taken into account, and, on the other hand, the payment of interest, in particular the rate of interest and the date from which interest must be calculated.
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Procureur De La Republique And Others -v- Guy Vedel And Others. R-204/80; [1982] EUECJ R-204/80
16 Feb 1982 ECJ	European, Agriculture
	Europa Agriculture - wine-based aperitifs - community definition - none - power of member states to enact rules as to quality - requirement of minimum proportion of alcohol - permissibility - conditions (council regulations no 816/70, annex ii, point 10, and no 337/79, annex ii, point 11) The appellation 'wine-based aperitifs' is not at present governed by community regulations which exclude the application of the national legislation of the member states. Since there are no applicable community regulations the member states continue to have the power to define the standards applicable to the manufacture and marketing of national products called wine-based aperitifs. Therefore a member state may not be prevented from subjecting the manufacturer of wine-based aperitifs to special quality rules, depending on the characteristics of that kind of beverage. If a requirement of a minimum proportion of alcohol is within the community limits, it meets that criterion of quality.
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Apple and Pear Development Council -v- K J Lewis Ltd and others C-222/82; R-222/82
13 Dec 1983 ECJ	European, Agriculture
	The provisions of the Treaty relating to the free movement of goods and to agriculture and the rules on the common organization of the market in fruit and vegetables do not prevent a member state from adopting or maintaining measures (i) establishing a development council for fruit production, composed of members appointed by the minister responsible, in particular from among the growers involved, and (ii) requiring only fruit growers with a plantation which exceeds a specified size to register with the said council, to furnish returns and information on their activities in the industry and to finance the administrative and other expenses of the council by the payment of an annual charge, in so far as the activities of the council consist in compiling statistics, promoting or undertaking research, making the results thus obtained available to growers and giving growers technical advice about fruit-growing.
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An Bord Bainne Co-Operative Ltd -v- Milk Marketing Board [1984] 2 CMLR 585
1984	Agriculture, European	Casemap 1 Citers

Gaarm - Groupement Des Associations Agricoles Pour L'organisation De La Production Et De La Commercialisation Des Pommes De Terre Et Légumes De La Région Malouine And Others -v- Commission of The European Communities C-289/83; [1984] EUECJ C-289/83
13 Dec 1984 ECJ	European, Agriculture
	Europa 1. Non-contractual liability - importation at low prices of new potatoes from Greece - failure to act on the part of the commission (EEC treaty, art. 46 and art. 215, second para. Act of accession of the Hellenic Republic, arts 130 (2) and 131; council regulation no 17, art. 3, and council regulation no 26, art. 4) 2. Accession of new member states to the communities - Hellenic Republic -agriculture - safeguard clause - conditions governing its application -appraisal by the commission (act of accession of the Hellenic Republic, art. 130 (2))
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Sermide Spa -v- Cassa Conguaglio Zucchero and Others C-106/83
13 Dec 1984 ECJ	European, Agriculture
	Europa 1. Agriculture - common organization of the markets - discrimination between producers or consumers - prohibition - scope - measures differentiated according to regions of the community - whether permissible -objective criteria (EEC treaty, arts 7 and 40 (3), second subparagraph) 2. Agriculture - common organization of the markets - sugar - production levy - calculation - consideration of losses resulting from disposal -concept of disposal (regulation (EEC) no 3330/74 of the council, art. 27 (2); regulation (EEC) no 700/73 of the commission, art. 7 (2); commission regulation EEC) no 3358/81, art. 1) Under the principle of non-discrimination between community producers or consumers, which is enshrined in the second subparagraph of article 40 (3) of the EEC treaty and which includes the prohibition of discrimination on grounds of nationality laid down in the first paragraph of article 7 of the EEC treaty, comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified. It follows that the various elements in the common organization of the markets, such as protective measures, subsidies, aid and so on, may not be differentiated according to region or according to other factors affecting production or consumption except by reference to objective criteria which ensure a proportionate division of the advantages and disadvantages for those concerned without distinction between the territories of the member states. The factors taken into account in the calculation of the sugar production levy for a given marketing year include the losses resulting from disposal of b quota sugar on the world market. Since neither regulation no 3330/74 nor regulation no 700/73 defines the concept of disposal, it was permissible for the commission, when fixing the amount of the levy in regulation no 3358/81, to quantify the volume of exports on the basis of the information derived from export licences, which impose an obligation on the licensees to carry out the operations in question, subject to the provision of security, rather than actual exports, which are difficult to bring into account owing to the practices pursued by the national authorities.
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