R v Minister of Agriculture, Fisheries and Food, ex p Fedesa
The principle of proportionality is a general principle of EU law, but where the EU legislature has a broad discretion, a measure is unlawful only if it is manifestly inappropriate.
Facts
An EU directive banned the use of certain hormones in livestock farming, and the importation of meat from animals treated with them, because of public concern about their safety. Fedesa, an association of manufacturers of veterinary medicines, and others challenged the United Kingdom regulations implementing the directive, arguing that the directive was invalid, because it was disproportionate and the hormones were safe.
Legal principle
The Court of Justice held that the directive was valid. It said that the principle of proportionality is one of the general principles of EU law, and requires that measures adopted are appropriate and necessary in order to achieve the objectives legitimately pursued, that where there is a choice between several appropriate measures recourse must be had to the least onerous, and that the disadvantages caused must not be disproportionate to the aims pursued. But where the EU legislature has discretionary power, the legality of a measure can be affected only if it is manifestly inappropriate, which the ban was not.
Related cases on general principles and fundamental rights
- Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres Case C-236/09, [2011] ECR I-773
- Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777
- Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources Joined Cases C-293/12 and C-594/12, EU:C:2014:238
- Elliniki Radiophonia Tiléorassi AE (ERT) v Dimotiki Etairia Pliroforissis Case C-260/89, [1991] ECR I-2925
- Google Spain SL v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case C-131/12, EU:C:2014:317
- Hauer v Land Rheinland-Pfalz Case 44/79, [1979] ECR 3727
- Kadi and Al Barakaat International Foundation v Council and Commission Joined Cases C-402/05 P and C-415/05 P, [2008] ECR I-6351
- Nold v Commission Case 4/73, [1974] ECR 491
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