The Queen contra Minister of Agriculture, Fisheries and Food, ex parte Country Landowners Association.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Moitinho de Almeida
• ECLI: ECLI:EU:C:1995:373
• Docket Number: C-38/94
• Date: 09 November 1995
• Procedure Type: Reference for a preliminary ruling

Judgment of the Court (Third Chamber) of 9 November 1995. - The Queen v Minister of Agriculture, Fisheries and Food, ex parte Country Landowners Association. - Reference for a preliminary ruling: High Court of Justice, Queen's Bench Division, Divisional Court - United Kingdom. - Common organization of the markets in sheepmeat and goatmeat and in beef and veal - Grant of transferable premium rights to producers - Compensation for landowners. - Case C-38/94.

European Court reports 1995 Page I-03875

Summary Parties Grounds Decision on costs Operative part

Keywords

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1. Agriculture ° Common organization of the markets ° Sheepmeat and goatmeat ° Annual premium payable per ewe ° Beef and veal ° Premium for maintaining suckler cow herds ° Introduction of a system of premium rights linked to producers and transferable ° Detailed implementing rules ° Obligation of the Member States to introduce a mechanism for compensating detriment caused to owners of agricultural land ° None ° Property right ° Infringement ° None

(EC Treaty, Art. 5; Council Regulations Nos 805/68, Art. 4e(5), and 3013/89, Art. 5a(4)(f); Commission Regulations Nos 3567/92, Arts 13 and 15, and 3886/92, Arts 39 and 55)

2. Agriculture ° Common organization of the markets ° Sheepmeat and goatmeat ° Annual premium payable per ewe ° Beef and veal ° Premium for maintaining suckler cow herds ° Introduction of a system of premium rights linked to producers and transferable ° Commission implementing regulation limiting the power granted to the Member States to adopt measures for resolving problems arising in contractual relationships as a result of the transferability of premium rights ° Validity

(Council Regulations Nos 805/68, Art. 4e(5), and 3013/89, Art. 5a(4)(f); Commission Regulations Nos 3567/92, Arts 13 and 15, and 3886/92, Arts 39 and 55)

Summary

1. Neither Articles 13 and 15 of Regulation No 3567/92 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Regulation No 3013/89 on the common organization of the market in sheepmeat and goatmeat nor Articles 39 and 55 of Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organization of the market in beef and repealing Regulations No 1244/82 and No 714/89, nor any general principle of Community law require Member States to introduce a mechanism for compensating detriment caused to owners of agricultural land by the introduction of a system of premium rights linked to producers of sheepmeat, goatmeat or beef and veal, even where premium rights are transferred by producers who do not own the land on which they farm.

No such obligation can, in particular, be derived from the principle of protection of the right to property because, even if it has an adverse impact on the capital value of land as a result of the transfer of premium rights by producers who do not own the land on which they farm, the introduction of a system of premium rights linked to producers does not impair the right to property inasmuch as advantages allocated under a common market organization cannot be regarded as a right derived from the assets or occupational activity of the persons concerned, the attribution or transfer of which should be accompanied by an obligation to pay compensation on the part of one of the parties to a lease.

2. Neither Articles 13 and 15 of Commission Regulation No 3567/92 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Regulation No 3013/89 on the common organization of the market in sheepmeat and goatmeat nor Articles 39 and 55 of Commission Regulation No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Regulation No 805/68 on the common organization of the market in beef, which confine the power granted to the Member States to adopting measures for resolving problems arising in contractual relationships which were in existence when the regulations entered into force, are inconsistent with the Council regulations, Regulations No 3013/89 and No 805/68 respectively, which they implement and which contain no such limitation.

Where contractual relations are concluded after the regulations entered into force, the parties may take into account the consequences of the said premium systems and make contractual provision for any resultant problems.

Parties

In Case C-38/94,

REFERENCE to the Court under Article 177 of the EC Treaty by the Divisional Court of the Queen' s Bench Division of the High Court of Justice for a preliminary ruling in the proceedings pending before that court between

The Queen

and

Minister of Agriculture, Fisheries and Food,

ex parte Country Landowners' Association

on the interpretation and validity of Articles 13 and 15 of Commission Regulation (EEC) No 3567/92 of 10 December 1992 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Council Regulation (EEC) No 3013/89 on the common organization of the market in sheepmeat and goatmeat (OJ 1992 L 362, p. 41), and Articles 39 and 55 of Commission Regulation (EEC) No 3886/92 of 23 December 1992 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No 805/68 on the common organization of the market in beef and repealing Regulations (EEC) No 1244/82 and (EEC) No 714/89 (OJ 1992 L 391, p. 20),

THE COURT (Third Chamber),

composed of: J.C. Moitinho de Almeida (Rapporteur), acting as President of the Chamber, C. Gulmann and H. Ragnemalm, Judges,

Advocate General: G. Cosmas,

Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of:

° the Country Landowners' Association, by Dawson & Co., Solicitors,

° the United Kingdom, by Lucinda Hudson, of the Treasury Solicitor' s Department, acting as Agent, assisted by Kenneth Parker QC and Eleanor Sharpston, Barrister,

° the French Government, by Catherine de Salins, Deputy Director of the Legal Affairs Directorate at the Ministry for Foreign Affairs, and Jean-Louis Falconi, Secretary for Foreign Affairs in the same Directorate, acting as Agents,

° the Commission of the European...