Hydro Seafood GSP Ltd v Scottish Ministers, Re Application For Judicial Review [2000] ScotCS 34 (7 February 2000)

Hydro Seafood GSP Ltd v Scottish Ministers, Re Application For Judicial Review [2000] ScotCS 34 (7 February 2000)

Given the unresolved and critical issues of Community law regarding the obligation to provide compensation for deprivation of property under the 1993 Directive and 1994 Regulations, and the lack of acte clair or prior ECJ ruling, a reference to the European Court of Justice is necessary and appropriate. The reference should include both the compensation issue and the validity of the Directive.

Citation
[2000] ScotCS 34
Parties
Petitioner: Hydro Seafood GSP Limited; Respondent: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
07 February 2000
Procedural Posture
Judicial Review / First Hearing on Petition for Judicial Review; Decision on Reference to European Court of Justice
Outcome
Reference to European Court of Justice ordered; case continued for settlement of terms of reference.
Legal Topics
Right to Property, Compensation for Expropriation, Implementation of EU Directives, Judicial Review of Regulations, Preliminary Reference to ECJ
Administrative Law European Union Law Human Rights Law Right to Property Compensation for Expropriation Implementation of EU Directives Judicial Review of Regulations Preliminary Reference to ECJ

Case Brief

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Parties

Hydro Seafood GSP Limited

Petitioner

The Scottish Ministers

Respondent

Procedural Posture

Judicial Review / First Hearing on Petition for Judicial Review; Decision on Reference to European Court of Justice

Legal Issues

  1. 1 Whether the 1994 Regulations are invalid or ultra vires for failing to provide compensation for destruction of property under EU law and the right to property.
  2. 2 Whether the 1993 Directive is invalid under Community law for failing to provide compensation for expropriation.
  3. 3 Whether a reference to the European Court of Justice is necessary on these issues.

Ratio Decidendi

Given the unresolved and critical issues of Community law regarding the obligation to provide compensation for deprivation of property under the 1993 Directive and 1994 Regulations, and the lack of acte clair or prior ECJ ruling, a reference to the European Court of Justice is necessary and appropriate. The reference should include both the compensation issue and the validity of the Directive.

Court Disposition

Reference to European Court of Justice ordered; case continued for settlement of terms of reference.

Orders

  • Parties to adjust a proposed Request for a Preliminary Ruling for consideration by the Court.
  • Case to be put out By Order to settle the terms of the Request.