Mulder v. Minister Van Landbouw En Visserij
FACTS
-Dutch farmer agreed to not market milk for 5 years, 1979-1984. -1984, he decided to reenter market, denied on ground of a quota, that made the basis of reentry dependent on production in 1983-which he had none. HOLDING
-Court says that here the farmer was encouraged to exit the market and could not legitimately expect the restrictions to be in place as they were.
ANALYSIS -Milk producers could have not foreseen this regulation.
-Such an effect frustrated the producers’ legitimate expectations.
→ The principle of legitimate expectations protects only justifiable expectations and reasonable reliance, which is measured by the objective standard of an ordinary prudent person.
FACTS
-Dutch farmer agreed to not market milk for 5 years, 1979-1984. -1984, he decided to reenter market, denied on ground of a quota, that made the basis of reentry dependent on production in 1983-which he had none. HOLDING
-Court says that here the farmer was encouraged to exit the market and could not legitimately expect the restrictions to be in place as they were.
ANALYSIS -Milk producers could have not foreseen this regulation.
-Such an effect frustrated the producers’ legitimate expectations.
→ The principle of legitimate expectations protects only justifiable expectations and reasonable reliance, which is measured by the objective standard of an ordinary prudent person.
No comments:
Post a Comment