Source: All England Reporter
Publisher Citation: [2001] All ER (D) 22 (Jan)
Court: Court of Justice of the European Communities (Sixth Chamber)

Judges Gulmann (President of the Chamber), Skouris and Macken (Rapporteur)

Judgment Dates: 11 January 2001


European Community - Agriculture - Entry of a limited company on Register of Farmers Practising Farming as Main Occupation - Failure of legislature of member state to adopt provisions necessary for the implementation of Council Regulations in national legal system - Council Regulation (EEC) 797/85, art 2(5) - Council Regulation (EEC) 2328/91, art 5(5).

The Case

The last subparagraph of art 2(5) and the last subparagraph of art 5(5) could not be relied on before a national court by limited companies seeking to obtain the status of farmers practising farming as their main occupation where the legislature of a member state had not adopted the provisions necessary for their implementation in the national legal system.

Practice Areas

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