TA Gwillim & Sons, R (on the application of) v The Welsh Ministers [2010] EWCA Civ 1048 (06 October 2010)

TA Gwillim & Sons, R (on the application of) v The Welsh Ministers [2010] EWCA Civ 1048 (06 October 2010)

The phrase 'production was adversely affected' in Article 40 of Regulation (EC) No. 1782/2003 is broad and includes situations where production was lower than it would otherwise have been due to agri-environmental commitments, including prevention or restriction of an intended increase. The claimant's production was adversely affected within the meaning of Article 40, justifying substitution of the reference period. The appeal is dismissed.

Citation
[2010] EWCA Civ 1048
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 / Court of Appeal (civil Division) Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Interpretation of Council Regulation (ec) No. 1782/2003 Article 40, Single Payment Scheme, Agri Environmental Commitments, Hardship Provisions, Judicial Review of Administrative Decisions
Administrative Law European Union Law Agricultural Law Interpretation of Council Regulation (ec) No. 1782/2003 Article 40 Single Payment Scheme Agri Environmental Commitments Hardship Provisions Judicial Review of Administrative Decisions

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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 / Court of Appeal (civil Division) Appeal From Administrative Court

Legal Issues

  1. 1 Whether 'production was adversely affected' under Article 40 of Regulation (EC) No. 1782/2003 requires a dip in production or includes prevention/restriction of an increase in production due to agri-environmental commitments
  2. 2 Whether land area is relevant in assessing adverse effect on production for hardship provisions

Ratio Decidendi

The phrase 'production was adversely affected' in Article 40 of Regulation (EC) No. 1782/2003 is broad and includes situations where production was lower than it would otherwise have been due to agri-environmental commitments, including prevention or restriction of an intended increase. The claimant's production was adversely affected within the meaning of Article 40, justifying substitution of the reference period. The appeal is dismissed.

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 reference period, without revisiting the factual finding on causation