Friday, May 4, 2012

Pigs Marketing Board v. Redmond case brief

Pigs Marketing Board v. Redmond
FACTS -North Ireland legislation required producers to sell pigs through Pigs Marketing Board which regulated price and other conditions of sale.
-Under law, transporting pigs w/o authorization subjected producer to criminal sanctions.
-D was charged with transporting pigs.
Issue:  Are the provisions of the Pigs scheme incompatible with provisions of community law - regulations on common organization of market in pigmeat?
Holding: yes
Once the community has legislated for the establishment of the common organization of the market in a given sector, Member States are under an obligation to refrain from taking any measure which might undermine or create exceptions to it.
RULES 1. Member states may not establish national systems restricting business in a sector specifically covered by a common market organization adopted by the EU.
2. Once the EU exercises its legislative power to install such an organization, national power to regulate various stages of production and distribution within the market is preempted.

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