Agriculture - 1994

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This page lists 7 cases, and was prepared on 04 January 2012.

Commission -v- United Kingdom (Rec 1994,p I-989) (Judgment) C-40/92; [1992] EUECJ C-40/92R
24 Mar 1994 ECJ	European, Agriculture
	Link[s] omitted

Regina -v- Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock C-2/92; [1994] EUECJ C-2/92
24 Mar 1994 ECJ	European, Agriculture
	Link[s] omitted

Welby and Another -v- Casswell
28 Mar 1994 QBD	Agriculture, Landlord and Tenant	Casemap 1 Cites
	To inherit agricultural tenancy, the tenant applicant must derive all his income from agricultural activities. The term 'principal source of income' didn't include overdraft or outside earnings.
	Agricultural Holdings Act 1986 36

Omnivale Ltd and Others -v- Boldan
4 Apr 1994 CA	Agriculture
	An Agricultural Holdings notice became vitiated by fraud if the statement was not believed to be true in the sense in which it was made.

Van De Hurk -v- The Netherlands [1994] ECHR 14; 16034/90; (1994) 18 EHRR 481
19 Apr 1994 ECHR	Human Rights, Agriculture	Casemap 1 Citers
	Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (independent tribunal); No violation of Art. 6-1 (fair trial); Pecuniary damage - claim rejected; Costs and expenses partial award - Convention proceedings The applicant was a dairy farmer. Under the scheme operated within the European Community for reducing surplus milk products, he was allocated a milk production quota. His claim for a higher quota was rejected, as was his subsequent appeal before the relevant authorities in his country. He complained that his right to a fair hearing by an independent and impartial tribunal under Article 6(1) of the Convention had been infringed. Held: There had been a violation of Article 6.1 in that the applicant's civil rights and obligations had not been "determined" by a "tribunal" within the meaning of that provision. The binding decision of an impartial tribunal could not be altered by a non-judicial authority to the detriment of an individual. The opportunity to a party to have knowledge and comment must be a genuine one. (Commission) "Article 6(1) extends only to disputes over 'civil rights and obligations' which can be said, at least on arguable grounds, to be recognised under domestic law. Such a dispute must be genuine and of a serious nature; it may relate not only to the actual existence of a right but also to its scope and the manner of its existence and, finally, the result of the proceedings concerning the dispute at issue must be directly decisive for such a right. It is not contested that there was a 'dispute' concerning a 'right' since the allocation of both a milk-quota and an extra levy-free quota conferred a 'right' to the applicant to produce a determined quantity of milk, subject to the condition that a levy must be paid for any surplus. The size of a milk-quota determines for each diary farmer the quantity of milk he is authorised to produce. It is therefore decisive for his income. The fact that in addition a milk-quota is transferable confers to it the character of, in the words the European Court of Human Rights, a 'pecuniary' right. Thus the allocation or refusal of a milk-quota may seriously affect a milk producers business activities. A dispute concerning the granting of a higher quota therefore involves the determination of civil rights and obligations within the meaning of Article 6(1) of the Convention."
	European Convention on Human Rights 6
	Link[s] omitted

Regina -v- Ministry of Agriculture, Fisheries & Food, Ex Parte Bostock
11 May 1994 ECJ	Agriculture, European
	EC rules for milk levies do not require compensation for outgoing tenants.

Regina -v- Minister of Agriculture F&F ex parte Anastasiou (P) Ltd C-432/92; [1994] ECR I-3087; C-432/92; [1994] EUECJ C-432/92
1 Aug 1994 ECJ	European, Agriculture	Casemap 1 Citers
	Turkish Cypriot produce was not acceptable for import without a proper origin label. A certificate from a non-community country was not acceptable, there being no standards of control.
	Link[s] omitted