R v Dairy Produce Quota Tribunal for England and Wales , ex parte Hall and Sons (Dairy Farmers) Ltd
R v Dairy Produce Quota Tribunal for England and Wales , ex parte Hall and Sons (Dairy Farmers) Ltd
- 1988
- Estates Gazette (8811) 19 March 1988, 79-83(3) .
QBD 5 October 1987 Application by Hall and Sons (H) to quash a tribunal decision refusing to alter the estimated primary direct sales quota notified to H by MAFF . The issue was as to whether in calculating H`s direct sales quota, sales of milk which were not derived from their own cows, but brought in from other producers could be properly taken into account. The tribunal decided that they should not. Held, after considering the Dairy Produce Quota Regulations 1984 and EC Council Regulations, particularly Regulation 804/68 article 5c(2) and Regulation 857/84 article 6(1), that the brought in milk should not be taken into account when determining quota. If H had been dealing only with milk which had been brought in it would not have been taken into account and any case milk brought in should be taken into account in the determination of someone else`s quota. However, with regard to the importance and complexity of the matter, and a possible ambiguity in article 6(1) it was desirable
EC COUNCIL REGULATION 804 68
EC COUNCIL REGULATION 857 84
MILK QUOTAS
QBD 5 October 1987 Application by Hall and Sons (H) to quash a tribunal decision refusing to alter the estimated primary direct sales quota notified to H by MAFF . The issue was as to whether in calculating H`s direct sales quota, sales of milk which were not derived from their own cows, but brought in from other producers could be properly taken into account. The tribunal decided that they should not. Held, after considering the Dairy Produce Quota Regulations 1984 and EC Council Regulations, particularly Regulation 804/68 article 5c(2) and Regulation 857/84 article 6(1), that the brought in milk should not be taken into account when determining quota. If H had been dealing only with milk which had been brought in it would not have been taken into account and any case milk brought in should be taken into account in the determination of someone else`s quota. However, with regard to the importance and complexity of the matter, and a possible ambiguity in article 6(1) it was desirable
EC COUNCIL REGULATION 804 68
EC COUNCIL REGULATION 857 84
MILK QUOTAS