Liselotte Hauer v Land Rheinland-Pfalz.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Pescatore
• ECLI: ECLI:EU:C:1979:290
• Celex Number: 61979CJ0044
• Date: 13 December 1979
• Procedure Type: Reference for a preliminary ruling
• Docket Number: 44/79

Judgment of the Court of 13 December 1979. - Liselotte Hauer v Land Rheinland-Pfalz. - Reference for a preliminary ruling: Verwaltungsgericht Neustadt an der Weinstraße - Germany. - Prohibition on new planting of vines. - Case 44/79.

European Court reports 1979 Page 03727
Greek special edition Page 00749
Swedish special edition Page 00621
Finnish special edition Page 00677
Spanish special edition Page 01739

Summary Parties Subject of the case Grounds Decision on costs Operative part

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - PROHIBITION ON NEW PLANTINGS OF VINES - COUNCIL REGULATION NO 1162/76 -TEMPORAL APPLICATION

( COUNCIL REGULATION NO 1162/76 , ART . 2 ( 1 ), AS AMENDED BY REGULATION NO 2776/78 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - PROHIBITION ON NEW PLANTINGS OF VINES - SCOPE

( COUNCIL REGULATION NO 1162/76 , ART . 2 ( 1 ))

3 . MEASURES OF THE INSTITUTIONS - VALIDITY - INFRINGEMENT OF FUNDAMENTAL RIGHTS - ASSESSMENT IN THE LIGHT OF COMMUNITY LAW ALONE - COMMUNITY LAW - GENERAL LEGAL PRINCIPLES - FUNDAMENTAL RIGHTS - OBSERVANCE ENSURED BY THE COURT - LEGISLATIVE POINTS OF REFERENCE - CONSTITUTIONS OF THE MEMBER STATES - INTERNATIONAL INSTRUMENTS

4 . COMMUNITY LAW - GENERAL LEGAL PRINCIPLES - FUNDAMENTAL RIGHTS - RIGHT TO PROPERTY - OBSERVANCE WITHIN THE COMMUNITY LEGAL ORDER

5 . COMMUNITY LAW - GENERAL LEGAL PRINCIPLES - FUNDAMENTAL RIGHTS - RIGHT TO PROPERTY - OBSERVANCE WITHIN THE COMMUNITY LEGAL ORDER - LIMITS - RESTRICTIONS ON THE NEW PLANTING OF VINES - PERMISSIBLE - CONDITIONS

6 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - PROHIBITION ON NEW PLANTINGS OF VINES - TEMPORARY CHARACTER - OBJECTIVES OF GENERAL INTEREST - INFRINGEMENT OF THE RIGHT TO PROPERTY - NONE

( COUNCIL REGULATION NO 1162/76 , ART . 2 ( 1 ))

7 . COMMUNITY LAW - GENERAL LEGAL PRINCIPLES - FUNDAMENTAL RIGHTS - FREEDOM TO PURSUE A TRADE OR PROFESSION - OBSERVANCE WITHIN THE COMMUNITY LEGAL ORDER - LIMITS - SOCIAL FUNCTION OF THE PROTECTED ACTIVITIES

Summary

1 . BY PROVIDING THAT THE MEMBER STATES SHALL NO LONGER GRANT AUTHORIZATIONS FOR NEW PLANTING ' ' AS FROM THE DATE ON WHICH THIS REGULATION ENTERS INTO FORCE ' ' , THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 1 ) OF COUNCIL REGULATION NO 1162/76 ON MEASURES DESIGNED TO ADJUST WINE GROWING POTENTIAL TO MARKET REQUIREMENTS , AS AMENDED BY REGULATION NO 2776/78 , RULES OUT THE POSSIBILITY OF TAKING INTO CONSIDERATION THE TIME AT WHICH AN APPLICATION WAS SUBMITTED AND INDICATES THE INTENTION TO GIVE IMMEDIATE EFFECT TO THE REGULATION .

REGULATION NO 1162/76 MUST THEREFORE BE INTERPRETED AS MEANING THAT THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 1 ) THEREOF ALSO APPLIES TO APPLICATIONS FOR AUTHORIZATION OF NEW PLANTING OF VINES MADE BEFORE THE ENTRY INTO FORCE OF THAT REGULATION .

2 . ARTICLE 2 ( 1 ) OF REGULATION NO 1162/76 MUST BE INTERPRETED AS MEANING THAT THE PROHIBITION LAID DOWN THEREIN ON THE GRANTING OF AUTHORIZATIONS FOR NEW PLANTING - DISREGARDING THE EXCEPTIONS SPECIFIED IN ARTICLE 2 ( 2 ) OF THE REGULATION - IS OF INCLUSIVE APPLICATION , THAT IS TO SAY , IS IN PARTICULAR UNAFFECTED BY THE QUESTION OF THE SUITABILITY OR OTHERWISE OF A PLOT OF LAND FOR WINE-GROWING , AS DETERMINED BY THE PROVISIONS OF A NATIONAL LAW .

3 . THE QUESTION OF A POSSIBLE INFRINGEMENT OF FUNDAMENTAL RIGHTS BY A MEASURE OF THE COMMUNITY INSTITUTIONS CAN ONLY BE JUDGED IN THE LIGHT OF COMMUNITY LAW ITSELF . THE INTRODUCTION OF SPECIAL CRITERIA FOR ASSESSMENT STEMMING FROM THE LEGISLATION OR CONSTITUTIONAL LAW OF A PARTICULAR MEMBER STATE WOULD , BY DAMAGING THE SUBSTANTIVE UNITY AND EFFICACY OF COMMUNITY LAW , LEAD INEVITABLY TO THE DESTRUCTION OF THE UNITY OF THE COMMON MARKET AND THE JEOPARDIZING OF THE COHESION OF THE COMMUNITY .

FUNDAMENTAL RIGHTS FORM AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF THE LAW , THE OBSERVANCE OF WHICH IS ENSURED BY THE COURT . IN SAFEGUARDING THOSE RIGHTS , THE LATTER IS BOUND TO DRAW INSPIRATION FROM CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES , SO THAT MEASURES WHICH ARE INCOMPATIBLE WITH THE FUNDAMENTAL RIGHTS RECOGNIZED BY THE CONSTITUTIONS OF THOSE STATES ARE UNACCEPTABLE IN THE COMMUNITY . INTERNATIONAL TREATIES FOR THE PROTECTION OF HUMAN RIGHTS ON WHICH THE MEMBER STATES HAVE COLLABORATED OR OF WHICH THEY ARE SIGNATORIES , CAN ALSO SUPPLY GUIDELINES WHICH SHOULD BE FOLLOWED WITHIN THE FRAMEWORK OF COMMUNITY LAW .

IN THESE CIRCUMSTANCES , THE DOUBTS EVINCED BY A NATIONAL COURT AS TO THE COMPATIBILITY OF THE PROVISIONS OF AN ACT OF AN INSTITUTION OF THE COMMUNITIES WITH THE RULES CONCERNING THE PROTECTION OF FUNDAMENTAL RIGHTS FORMULATED WITH REFERENCE TO NATIONAL CONSTITUTIONAL LAW MUST BE UNDERSTOOD AS QUESTIONING THE VALIDITY OF THAT ACT IN THE LIGHT OF COMMUNITY LAW .

4 . THE RIGHT TO PROPERTY IS GUARANTEED IN THE COMMUNITY LEGAL ORDER IN ACCORDANCE WITH THE IDEAS COMMON TO THE CONSTITUTIONS OF THE MEMBER STATES , WHICH ARE ALSO REFLECTED IN THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS .

5 . TAKING INTO ACCOUNT THE CONSTITUTIONAL PRECEPTS COMMON TO THE MEMBER STATES , CONSISTENT LEGISLATIVE PRACTICES AND ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS , THE FACT THAT AN ACT OF AN INSTITUTION OF THE COMMUNITY IMPOSES RESTRICTIONS ON THE NEW PLANTING OF VINES CANNOT BE CHALLENGED IN PRINCIPLE AS BEING INCOMPATIBLE WITH DUE OBSERVANCE OF THE RIGHT TO PROPERTY . HOWEVER , IT IS NECESSARY THAT THOSE RESTRICTIONS SHOULD IN FACT CORRESPOND TO OBJECTIVES OF GENERAL INTEREST PURSUED BY THE COMMUNITY AND THAT , WITH REGARD TO THE AIM PURSUED , THEY SHOULD NOT CONSTITUTE A DISPROPORTIONATE AND INTOLERABLE INTERFERENCE WITH THE RIGHTS OF THE OWNER , SUCH AS TO IMPINGE UPON THE VERY SUBSTANCE OF THE RIGHT TO PROPERTY .

6 . THE PROHIBITION ON THE NEW PLANTING OF VINES LAID DOWN FOR A LIMITED PERIOD BY REGULATION NO 1162/76 IS JUSTIFIED BY THE OBJECTIVES OF GENERAL INTEREST PURSUED BY THE COMMUNITY , CONSISTING IN THE IMMEDIATE REDUCTION OF PRODUCTION SURPLUSES AND IN THE PREPARATION , IN THE LONGER TERM , OF A RESTRUCTURING OF THE EUROPEAN WINE INDUSTRY . IT DOES NOT THEREFORE INFRINGE THE SUBSTANCE OF THE RIGHT TO PROPERTY .

7 . IN THE SAME WAY AS THE RIGHT TO PROPERTY , THE RIGHT OF FREEDOM TO PURSUE TRADE OR PROFESSIONAL ACTIVITIES , FAR FROM CONSTITUTING AN UNFETTERED PREROGATIVE , MUST BE VIEWED IN THE LIGHT OF THE SOCIAL FUNCTION OF THE ACTIVITIES PROTECTED THEREUNDER .

IN PARTICULAR , THIS BEING A CASE OF THE PROHIBITION , BY AN ACT OF AN INSTITUTION OF THE COMMUNITIES , ON THE NEW PLANTING OF VINES , IT IS APPROPRIATE TO NOTE THAT SUCH A MEASURE IN NO WAY AFFECTS ACCESS TO THE OCCUPATION OF WINE GROWING OR THE FREE PURSUIT OF THAT OCCUPATION ON LAND PREVIOUSLY DEVOTED TO WINE-GROWING . SINCE THIS CASE CONCERNS NEW PLANTINGS , ANY RESTRICTION ON THE FREE PURSUIT OF THE OCCUPATION OF WINE-GROWING IS AN ADJUNCT TO THE RESTRICTION PLACED UPON THE EXERCISE OF THE RIGHT TO PROPERTY .

Parties

IN CASE 44/79

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE VERWALTUNGSGERICHT ( ADMINISTRATIVE COURT ) NEUSTADT AN DER WEINSTRASSE FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

LISELOTTE HAUER , RESIDING AT BAD DURKHEIM

AND

LAND RHEINLAND-PFALZ

Subject of the case

ON THE INTERPRETATION OF ARTICLE 2 OF COUNCIL REGULATION ( EEC ) NO 1162/76 OF 17 MAY 1976 ON MEASURES DESIGNED TO ADJUST WINE-GROWING POTENTIAL TO MARKET REQUIREMENTS , AS AMENDED BY COUNCIL REGULATION ( EEC ) NO 2776/78 OF 23 NOVEMBER 1978 , WITH REGARD TO ARTICLE 1 OF THE GESETZ UBER MASSNAHMEN AUF DEM GEBIETE DER WEINWIRTSCHAFT ( WEINWIRTSCHAFTSGESETZ ),

Grounds

1 BY AN ORDER OF 14 DECEMBER 1978 , RECEIVED AT THE COURT ON 20 MARCH 1979 , THE VERWALTUNGSGERICHT NEUSTADT AN DER WEINSTRASSE SUBMITTED TWO QUESTIONS TO THE COURT FOR A PRELIMINARY RULING , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , ON THE INTERPRETATION OF COUNCIL REGULATION ( EEC ) NO 1162/76 OF 17 MAY 1976 ON MEASURES DESIGNED TO ADJUST WINE-GROWING POTENTIAL TO MARKET REQUIREMENTS ( OFFICIAL JOURNAL L 135 , P . 32 ), AMENDED BY COUNCIL REGULATION ( EEC ) NO 2776/78 OF 23 NOVEMBER 1978 ( OFFICIAL JOURNAL L 333 , P . 1 ).

2 THE FILE ON THE CASE SHOWS THAT ON 6 JUNE 1975 THE PLAINTIFF IN THE MAIN ACTION APPLIED TO THE COMPETENT ADMINISTRATIVE AUTHORITY OF THE LAND RHEINLAND-PFALZ FOR AUTHORIZATION TO PLANT VINES ON A PLOT OF LAND WHICH SHE OWNS IN THE REGION OF BAD DURKHEIM . THAT AUTHORIZATION WAS REFUSED INITIALLY OWING TO THE FACT THAT UNDER THE PROVISIONS OF THE GERMAN LEGISLATION APPLICABLE TO THAT SPHERE , NAMELY THE LAW RELATING TO THE WINE INDUSTRY ( WEINWIRTSCHAFTSGESETZ ) OF 10 MARCH 1977 , THE PLOT OF LAND IN QUESTION WAS NOT CONSIDERED SUITABLE FOR WINE-GROWING . ON 22 JANUARY 1976 THE PERSON CONCERNED LODGED AN OBJECTION AGAINST THAT DECISION . WHILE PROCEEDINGS RELATING TO THAT OBJECTION WERE PENDING BEFORE THE COMPETENT ADMINISTRATIVE AUTHORITY , REGULATION NO 1162/76 OF 17 MAY 1976 WAS ADOPTED , ARTICLE 2 OF WHICH IMPOSES A PROHIBITION FOR A PERIOD OF THREE YEARS ON ALL NEW PLANTING OF VINES . ON 21 OCTOBER OF THAT YEAR THE ADMINISTRATIVE AUTHORITY OVERRULED THE OBJECTION , STATING TWO GROUNDS : ON THE ONE HAND , THE UNSUITABILITY OF THE LAND AND , ON THE OTHER HAND , THE PROHIBITION ON PLANTING AS A RESULT OF THE COMMUNITY REGULATION REFERRED TO .

3 THE PERSON CONCERNED APPEALED TO THE VERWALTUNGSGERICHT . AS A RESULT OF EXPERTS ' REPORTS ON THE GRAPES GROWN IN THE SAME AREA AND TAKING INTO ACCOUNT A SETTLEMENT REACHED WITH VARIOUS OTHER OWNERS OF PLOTS OF LAND ADJACENT TO THAT OF THE APPLICANT , THE ADMINISTRATIVE AUTHORITY ACCEPTED THAT THE PLAINTIFF ' S LAND MAY BE CONSIDERED SUITABLE FOR WINE-GROWING IN ACCORDANCE WITH THE MINIMUM REQUIREMENTS LAID DOWN...