Maxwell v. Minister for Agriculture, Food and Forestry [1998] IEHC 136; [1999] 2 IR 474; [1999] 1 ILRM 161 (11th August, 1998)

Maxwell v. Minister for Agriculture, Food and Forestry [1998] IEHC 136; [1999] 2 IR 474; [1999] 1 ILRM 161 (11th August, 1998)

The compensation scheme imposed unjustified discrimination against producers exporting live steers by limiting compensation and imposing ownership requirements not applied to producers selling for slaughter, breaching Article 40(3) EEC Treaty; the breach was sufficiently serious and caused direct loss, entitling the applicant to damages.

Citation
[1999] 1 ILRM 161
Parties
Plaintiff: Applicant; Defendant: Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judgment for applicant; damages awarded.
Legal Topics
Discrimination Under Article 40(3) EEC Treaty, BSE Compensation Scheme, Damages for Breach of EU Law
European Union Law Agricultural Law Administrative Law Discrimination Under Article 40(3) EEC Treaty BSE Compensation Scheme Damages for Breach of EU Law

Case Brief

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Parties

Applicant

Plaintiff

Respondent

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the compensation scheme for BSE discriminated between producers exporting live steers and those selling for slaughter in Ireland
  2. 2 Whether such discrimination was objectively justified
  3. 3 Whether the applicant is entitled to damages for breach of EU law

Ratio Decidendi

The compensation scheme imposed unjustified discrimination against producers exporting live steers by limiting compensation and imposing ownership requirements not applied to producers selling for slaughter, breaching Article 40(3) EEC Treaty; the breach was sufficiently serious and caused direct loss, entitling the applicant to damages.

Court Disposition

Judgment for applicant; damages awarded.

Orders

  • Respondent to pay applicant £91,575 in damages.