Agriculture - 1990

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This page lists 3 cases, and was prepared on 04 October 2008.

Milk Marketing Board of England And Wales -v- Cricket St Thomas Estate R-372/88; [1990] EUECJ R-372/88
27 Mar 1990 ECJ	European, Agriculture
	Europa Agriculture - Common organization of the markets - Milk and milk products - Special rights of Milk Marketing Boards - Purchase of milk produced and marketed "without processing" - Concept - Pasteurized milk - Included (Council Regulation No 804/68, Art . 25(1)(a ), as amended by Regulation No 1421/78 and Regulation No 1422/78; Commission Regulation No 1565/79 ) Agriculture - Common organization of the markets - Milk and milk products - Special rights of Milk Marketing Boards - Producers marketing milk otherwise than by sale to the Board - Requirement to pay contributions and other financial charges imposed by the Board - Permissibility - Conditions - Observance of the principle of proportionality.
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The Queen -v- Minister Of Agriculture, Fisheries And Food And Secretary Of State For Health, Ex Parte: Fedesa And Others. (Community Law ) C-331/88; R-88/14; [1990] EUECJ R-88/146; [1990] ECR I-4023
13 Nov 1990 ECJ	European, Agriculture, Health	Casemap 1 Citers
	Europa 1. Community law - Principles - Legal certainty - Protection of legitimate expectations - Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness - Infringement - None (Council Directive 88/146) 2. Community law - Principles - Proportionality - Prohibition of an economic activity - Whether disproportionate - Assessment criteria - Discretionary power of the Community legislature in the field of the common agricultural policy - Judicial review - Limits (EEC Treaty, Arts 40 and 43) 3. Community law - Principles - Equal treatment - Harmonization measure applied equally to all the Member States - Differing effects depending on the previous state of national law - Discrimination - None 4. Agriculture - Approximation of laws - Prohibition of the use in livestock farming of certain substances having a hormonal action - Objectives pursued - Choice of legal basis - Article 43 of the Treaty - Misuse of powers - None (EEC Treaty, Arts 39 and 43, Council Directive 88/146) 5. Measures adopted by the Community institutions - Procedure for enactment - Preparatory documents not affected by a procedural defect occurring at the stage of the final decision in the Council leading to annulment by the Court - Adoption of a new measure on the basis of earlier preparatory documents -Legality 6. Measures adopted by the Community institutions - Application ratione temporis - Period for compliance by the Member States with a directive expiring prior to its adoption - Retroactive effect - Permissibility in the light of the objective to be attained and in the absence of any infringement of the principle of the protection of legitimate expectations - Limits -Principle of non-retroactivity of penal provisions (Council Directive 88/146, Art. 10) 1. Having regard to the divergent appraisals by the national authorities of the Member States, reflected in the differences between existing national legislation, of the dangers which may result from the use of certain substances having a hormonal action, the Council, in deciding in the exercise of its discretionary power to adopt the solution of prohibiting them, neither infringed the principle of legal certainty nor frustrated the legitimate expectations of traders affected by that measure. 2. In accordance with the principle of proportionality, which is one of the general principles of Community law, the lawfulness of the prohibition of an economic activity is subject to the condition that the prohibitory measures are appropriate and necessary in order to achieve the objectives legitimately pursued by the legislation in question, it being understood that when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued. However, with regard to judicial review of compliance with those conditions it must be borne in mind that in matters concerning the common agricultural policy the Community legislature has a discretionary power which corresponds to the political responsibilities given to it by Articles 40 and 43 of the Treaty. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue. 3. Although a harmonization measure which is intended to standardize previously disparate rules of the Member States inevitably produces different effects depending on the prior state of the various national laws, there cannot be said to be discrimination where it applies equally to all Member States. 4. A decision may amount to a misuse of powers only if it appears, on the basis of objective, relevant and consistent factors, to have been taken with the exclusive purpose, or at any rate the main purpose, of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case. That was not so in the case of Directive 88/146 prohibiting the use in livestock farming of certain substances having a hormonal action, which was adopted by the Council on the basis of Article 43 of the Treaty alone. By regulating conditions of the production and marketing of meat in order to improve its quality while curbing surplus production, that directive falls within the scope of the measures provided for by the common organization of the markets in meat and thus contributes to the attainment of the objectives set out in Article 39 of the Treaty. 5. The annulment by a judgment of the Court of a Council directive on account of a procedural defect concerning solely the manner in which it was finally adopted by the Council does not affect the preparatory acts of the other institutions. Therefore, these acts need not be repeated when the Council adopts a new directive replacing the one which has been annulled. Changes occurring in the interval in the composition of those institutions are of no effect since they do not affect the continuity of the institutions themselves. Whether or not a subsequent change in circumstances must be taken into consideration is for each institution to assess. 6. By fixing 1 January 1988 as the date of expiry of the period for implementation of Directive 88/146 prohibiting the use in livestock farming of substances having a hormonal action, Article 10 of the directive gives it retroactive effect in so far as the directive was adopted and notified in March 1988. Outside the criminal sphere, such retroactive effect is permissible, since, first, the directive replaced an earlier directive annulled because of a procedural defect, and the Council considered it necessary in order to avoid a temporary legal vacuum during the period between the annulment of one instrument and its replacement by a lawfully adopted text with regard to the existence of a basis in Community law for national provisions adopted by the Member States in order to comply with the directive which was annulled, and, secondly, there was no infringement of the legitimate expectations of the traders concerned, in light of the rapid succession of the two directives and the reason for which the first one was annulled. As regards the criminal sphere, on the other hand, Article 10 of the directive cannot be interpreted as requiring Member States to adopt measures which conflict with Community law, in particular with the principle that penal provisions may not have retroactive effect, which Community law incorporates, as a fundamental right, among its general principles. Nor may it provide a basis for criminal proceedings instituted under provisions of national law which may have been adopted in implementation of the annulled directive and whose sole basis is to be found therein. In relation to an alleged infringement of the principle of legal certainty: " . . . having regard to the discretionary power conferred on the Council in the implementation of the common agricultural policy, be limited to examining whether the measure in question is vitiated by a manifest error or misuse of powers, or whether the authority in question has manifestly exceeded the limits of its discretion."
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Kingdom of the Netherlands -v- Commission of the European Communities (Rec 1990,p I-4799) (Judgment) Case C-22/89; C-22/89; [1990] EUECJ C-22/89
13 Dec 1990 ECJ	European, Agriculture
	Europa 1. Agriculture - Common organization of the markets - Milk and milk products - Butter in public storage - Purchase of butter intended for storage - Storage test period - Testing of the keeping quality of the butter - Testing to be carried out at the end of the test period (Regulation No 685/69 of the Commission, Art. 6, as amended by Regulations Nos 1829/80 and 1836/86) 2. Decisions of the institutions - Statement of reasons - Obligation -Scope - Decision relating to the clearance of accounts in relation to expenditure financed by the EAGGF (EEC Treaty, Art. 190) 1. Having regard to the aim of Article 6 of Regulation No 685/69 establishing a scheme for the purchase by intervention agencies of butter intended for public storage, namely to ensure that butter has good keeping qualities before it is finally taken over by the intervention agency and to make the seller bear the consequences of any abnormal deterioration in the quality of the butter occurring during the storage test period, the testing of the keeping qualities of the stored butter may not be carried out before the end of that period. 2. In the particular context of the preparation of decisions relating to the clearance of accounts in respect of expenditure financed by the EAGGF, the statement of reasons for a decision not to charge to the EAGGF a fraction of the expenditure declared must be regarded as sufficient if the Member State to which that decision was addressed has been closely involved in the process by which the decision came about and is aware of the reasons for which the Commission takes the view that it must not charge the sum in dispute to the EAGGF.
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