Greene v. Minister for Agriculture [1981] IEHC 1; [1990] 2 IR 17 (4 April 1981)

Greene v. Minister for Agriculture [1981] IEHC 1; [1990] 2 IR 17 (4 April 1981)

The ministerial schemes imposing income conditions were not ultra vires the directive, as the directive permitted Member States to impose additional or restrictive conditions, including means tests. However, the schemes' treatment of married couples, by aggregating spouses' incomes, penalised the married state and failed to respect the constitutional protection of marriage. This constitutional infirmity rendered the schemes defective, but as no personal constitutional right of the plaintiffs was infringed, only declaratory relief was appropriate and damages were not awarded.

Citation
[1981] IEHC 1
Parties
Plaintiffs: Thomas Greene and Others; Defendants: The Minister for Agriculture, Ireland and The Attorney General
Jurisdiction
Ireland
Judgment Date
04 April 1981
Procedural Posture
Civil / High Court Judgment
Outcome
Declaratory relief granted; claim for damages dismissed.
Legal Topics
Validity of Ministerial Schemes, Implementation of EEC Directive 75/268/eec, Equality Before the Law, Protection of Marriage Under the Constitution, Ultra Vires Acts, Compensatory Allowances for Farmers
Constitutional Law Administrative Law European Union Law Validity of Ministerial Schemes Implementation of EEC Directive 75/268/eec Equality Before the Law Protection of Marriage Under the Constitution Ultra Vires Acts +1 more

Case Brief

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Parties

Thomas Greene and Others

Plaintiffs

The Minister for Agriculture, Ireland and The Attorney General

Defendants

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether ministerial schemes imposing income conditions were ultra vires Directive 75/268/EEC
  2. 2 Whether such schemes violated constitutional rights to equality and protection of marriage
  3. 3 Whether the schemes were necessitated by EU membership under Article 29, s.4, sub-s.3 of the Constitution

Ratio Decidendi

The ministerial schemes imposing income conditions were not ultra vires the directive, as the directive permitted Member States to impose additional or restrictive conditions, including means tests. However, the schemes' treatment of married couples, by aggregating spouses' incomes, penalised the married state and failed to respect the constitutional protection of marriage. This constitutional infirmity rendered the schemes defective, but as no personal constitutional right of the plaintiffs was infringed, only declaratory relief was appropriate and damages were not awarded.

Court Disposition

Declaratory relief granted; claim for damages dismissed.

Orders

  • Declaration that the ministerial schemes are defective for failing to respect constitutional protection of marriage.
  • No award of damages to the plaintiffs.