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.

Citation
Case C-331/88, [1990] ECR I-4023
Court
Court of Justice of the European Union
Year
1990
Subject
EU Law
Topic
General principles and fundamental rights

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.

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