Case C-375/96 Galileo Zaninotto v Ispettorato Centrale [1998] ECR I – 6629
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:15:08 UTC
ECJ on proportionality
Given the broad political duties to further the aims of CAP, court takes a hands-off approach:
The legality of a measure adopted in that sphere (agriculture) can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue.
Here the regulation in question was not ‘manifestly inappropriate’ and therefore was proportionate.
Again, very weak definition of proportionality and close to Wednesbury in fact!
Any comments or edits about this case?
Get in touch Similar cases
Case 114/76 Bela-Mühle
To reduce stocks of dried milk powder, those importing livestock feed were required, under regulations, to purchase a quantity of milk powder with every import, set at a high price, and with a high p...
R v Chief Constable of Sussex, ex parte International Trader’s Ferry Ltd
Plaintiff sought judicial review of Defendant’s decision to reduce the deployment of police officers to help exporters against protestors. HL denied the claim, but see the ratio relating to the test...
R (on the application of British Civilian Internees - Far Eastern Region) v Secretary of State for Defence
Proportionality may compel the reviewing court to evaluate the equilibrium achieved by the decision-maker, and this evaluation could yield a different outcome compared to using the Wednesbury test ....
Case 240/78 Atalanta
ECJ held that one article of regulations made on agriculture was contrary to the principle of proportionality, but that the rest of the regulation articles were fine.
Smith and Grady, ECtHR Judgment of 1999 (ECHR)
Plaintiffs claimed breach of article 3 and 8 rights because they were dismissed from the navy for being homosexuals. Court held that there had been a violation of article 8. This was although the Bri...
Related free notes samples
Ambitious and intelligent students
choose Oxbridge Notes.
- Customer Support
- Sellers FAQ
- Contact Us
- Privacy Policy
- Terms and Conditions
©2024 Oxbridge Notes. All right reserved.