Source: All England Reporter
Publisher Citation: [2002] All ER (D) 215 (Nov)
Court: Queen's Bench Division

Cooke J

Representation Clive Lewis (instructed by Taylor Wessing) for the claimants.
  Peter Roth QC and Rebecca Haynes (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 November 2002


Agriculture - Arable area payments - Set-aside payments - Meaning of cultivation with a view to harvest - Council Regulation (EEC) 1765/92 - Commission Regulation (EC) 762/94, art 7.

The Case

For land to be cultivated for the purposes of art2 of Commission Regulation (EC) 762-94, it was enough that use was made of it with the intention of harvesting a crop, and that the land was not abandoned. It was not necessary for any particular acts to have taken place on the land, such as ploughing, sowing, spraying or watering, since it would be irrational to impose any such criterion on the eligibility of land for set-aside compensation.

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