TA Gwillim & Sons, R (on the application of) v The Welsh Ministers

TA Gwillim & Sons, R (on the application of) v The Welsh Ministers

An adverse effect on production under Article 40(1) of Council Regulation (EC) No. 1782/2003 includes situations where agri-environmental commitments prevent or restrict an increase in production, not solely where there is a reduction; the claimant's production was adversely affected during the reference period, justifying substitution of the earlier period for calculation of payment entitlements.

Parties
Claimant/respondent: The Queen (on the application of TA Gwillim and Sons); Defendants/appellants: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
06 October 2010
Procedural Posture
Judicial Review / Appeal
Outcome
Appeal dismissed
Legal Topics
Interpretation of Council Regulation (ec) No. 1782/2003, Single Payment Scheme, Hardship Provisions, Agri Environmental Commitments
Administrative Law European Union Law Agricultural Law Interpretation of Council Regulation (ec) No. 1782/2003 Single Payment Scheme Hardship Provisions Agri Environmental Commitments

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Parties

The Queen (on the application of TA Gwillim and Sons)

Claimant/respondent

The Welsh Ministers

Defendants/appellants

Procedural Posture

Judicial Review / Appeal

Legal Issues

  1. 1 Whether 'production was adversely affected' under Article 40(1) of Council Regulation (EC) No. 1782/2003 requires a dip in production or includes prevention/restriction of an increase in production
  2. 2 Whether land area should be considered in determining adverse effect on production
  3. 3 Whether agri-environmental commitments during the reference period entitle substitution of a different period for calculation of reference amount

Ratio Decidendi

An adverse effect on production under Article 40(1) of Council Regulation (EC) No. 1782/2003 includes situations where agri-environmental commitments prevent or restrict an increase in production, not solely where there is a reduction; the claimant's production was adversely affected during the reference period, justifying substitution of the earlier period for calculation of payment entitlements.

Court Disposition

Appeal dismissed

Orders

  • Defendants' decision of 2 September 2008 quashed
  • Defendants to take a fresh decision on the claimant’s application for substitution of the period 1997-1999 for the reference period 2000-2002