Source: All England Reporter
Publisher Citation: [2002] All ER (D) 302 (Jan)
Court: Court of Appeal, Civil Division

Mummery, Buxton and Longmore LJJ

Representation Rhodri Thompson (instructed by DJ Freeman) for the claimant.
  Martin Howe QC (instructed by Mark Heath, Southampton) for the defendant.
Judgment Dates: 31 January 2002


European Community - Free movement of goods - Seafood - Health authority prohibiting cargo of shrimp from entering European Union on grounds of risk to public health - Claimant challenging authority's power to prohibit entry - Whether necessary to show actual risk to public health - Whether court able to review proportionality of decision - Council Directive (EC) 91/493 - Products of Animal Origin (Import and Export) Regulations 1996, reg 25(1).

The Case

It was not a necessary condition of taking any action against goods under reg25(1) of the Products of Animal Origin (Import and Export) Regulations 1996 that an actual risk to public health be shown. Furthermore, in a case involving decision making on a technical issue it was difficult to see how the court could assess the balance which the decision maker had struck, in order to judge an action's proportionality, without the benefit of technical advice.

Practice Areas

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