Source: All England Reporter
Publisher Citation: [2002] All ER (D) 57 (Jan)
Court: Administrative Court
Judge:

Elias J

Representation Hugh Mercer (instructed by Clarkson Wright & Jakes, Orpington) for C.
  Mark Hoskins (instructed by the Treasury Solicitor) for the Department.
Judgment Dates: 16 January 2002

Catchwords

European Community - Imports - Prohibition on imports - Quantitative restrictions on imports from China - Application for share of quota - Applicants making false declarations that information in applications correct - Information in applications correct by closing date for applications - Applicants excluded from quota on basis of false declarations - Whether date of declaration date on which information required to be correct - Whether wholesale exclusion disproportionate - Council Regulation (EC) 520/94 - Commission Regulation (EC) 738/94, arts 3(2)(g), 12.

The Case

The court ruled that, on the true construction of the requirement for a signed and dated declaration in art3(2)(g) of Commission Regulation (EC)738-94 that information provided in an application for a share of a quota, the signatory was declaring that the information was correct at the date of the declaration. Further, it was not disproportionate to exclude an applicant entirely from the quota system where he had made a false declaration, notwithstanding that he had no intention to mislead.

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