Friday, May 4, 2012

Hauer v. Land Rheinland-Pfalz case brief

Hauer v. Land Rheinland-Pfalz
-Council regulation re: wine surplus.  3 year prohibition on new cultivation of vines.
Dealt with communities wine surplus.
ISSUE -Did regulation violate P’s fundamental rights to property and the free pursuit of commerce?
HOLDING → No, in safeguarding fundamental rights, the court is bound to draw inspiration from constitutional traditions common to the member states.
RULES/ANALYSIS -Internal treaties for protection of human rights on which member states have collaborated or of which they are signatories can supply guidelines which should be followed within the framework of community law.
-The prohibition of new planting can not be considered to be an act depriving P, since she remains free to dispose of it or put it to other uses which are not prohibited.
-Prohibitions against use of property are limited to the extent which they are deemed necessary by a state for the protection of the general interest.

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