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 by limiting payments for live exports to ninety animals and imposing ownership requirements not applied to slaughter sales, breaching Article 40(3) of the Treaty of Rome. The breach was sufficiently serious and caused direct loss, entitling the applicant to damages.

Citation
[1998] IEHC 136
Parties
Plaintiff: Applicant; Defendant: Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judgment for the applicant; damages awarded.
Legal Topics
Discrimination Under EU Law, BSE Compensation Scheme, Damages for Breach of EU Regulation
European Union Law Agricultural Law Administrative Law Discrimination Under EU Law BSE Compensation Scheme Damages for Breach of EU Regulation

Case Brief

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Parties

Applicant

Plaintiff

Respondent

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the BSE compensation scheme 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 regulation

Ratio Decidendi

The compensation scheme imposed unjustified discrimination by limiting payments for live exports to ninety animals and imposing ownership requirements not applied to slaughter sales, breaching Article 40(3) of the Treaty of Rome. The breach was sufficiently serious and caused direct loss, entitling the applicant to damages.

Court Disposition

Judgment for the applicant; damages awarded.

Orders

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