R v. Minister of Agriculture, Fisheries and Food ex parte Fedesa

[1990] E.C.R. 1-4023 (1990)

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R v. Minister of Agriculture, Fisheries and Food ex parte Fedesa

European Union Court of Justice
[1990] E.C.R. 1-4023 (1990)

KS

Facts

The European Union (EU) issued a directive limiting and prohibiting the use of hormones in livestock farming. Different EU member states had different regulations. The directive intended to eliminate variations in regulations by establishing an EU-wide system to improve competition and eliminate barriers to trade between member states. In the United Kingdom, the Ministry of Agriculture, Fisheries and Food (the ministry) (defendant) instituted national regulations to implement the EU directive. The Fédération Européenne de la Santé Animale (Fedesa) (plaintiff) challenged the United Kingdom regulations, arguing that the directive of the ministry in the England and Wales High Court of Justice, Queen’s Bench Division (the court) was invalid. The court referred to a series of questions related to potential challenges to the validity of the directive posed to the European Union Court of Justice. Fedesa argued, among other things, that the directive failed to meet the principle of proportionality in three respects: (1) the complete prohibition on the administration of hormones was inappropriate as applying it in practice was impossible and created a dangerous black market; (2) the complete prohibition was unnecessary, as customer education would better address consumer concerns; and (3) the disadvantages of a complete ban outweighed any alleged benefits.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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