Friday, May 4, 2012

Bayerische HNL Vermehrungsbetriebe GmbH v. Council and Commission case brief

Bayerische HNL Vermehrungsbetriebe GmbH v. Council and Commission
(second skimmed milk powder case)
FACTS
-Skimmed milk case - required animal feed producers to use skimmed milk powder for protein ingredient in their product, forced poultry farmers to buy more expensive feed - sought damages for losses due to higher feed prices until regulation was invalidated.
ANALYSIS -The finding that a legislative measure is null and void is insufficient by itself for the Community to incur non-contractual liability for damage caused to individuals.
Policy:  Legislative authority cannot always be hindered in making its decisions by the prospect of applications for damages whenever it has occasion to adopt legislative measures in the public interest which may adversely affect interests of individuals.
-Must be a grave disregard of the limits on the exercise of community powers.  This is not such a case.  Common Agricultural policy has wide discretion.

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