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Bowland Dairy Farms, the EU and the rule of law

I’ve been meaning to cover this story for ages, because it suggests that the rule of law in the EU can be brushed aside by the European Commission, who have ignored a ruling of the European Court of Justice.

Tim Worstall reported on the case of Bowland Dairy Farms here and here, citing Christopher Booker’s story in the Telegraph.

In summary, Bowland Dairy Farms, an £8million per year business selling curd cheese to five EU countries, was visited on June 12th 2006 by officials from the European Commission’s Food and Veterinary Office (FVO). After a 90 minute look through the farm’s paperwork, they claimed that the milk in the curd cheese broke EU regulations on anti-biotic residues and issued a “rapid alert notice” that the farm’s products were unsafe.

The UK’s Food Standards Authority (FSA) subsequently did an inspection and disagreed, and allowed production to resume. However the FVO insisted the milk did not comply with EU rules, to which the FSA responded that the FVO inspectors were confused over which type of milk was being used. The FSA made a statement to all EU members that there was no evidence of contaminated milk being used and that the cheese was perfectly safe to use. The Commission appended its own negative comments to this statement and maintained the ban.

Bowland Dairy Farms took the FVO to the European Court of Justice (ECJ), the highest court in the EU and supposedly the ultimate arbiter of EU law. On Sept 8th, after considering the case the ECJ found completely in Bowland Dairy Farms’ favour, and ordered the Commission to withdraw its statement about the farm and the ban. The Commission refused twice, and the ECJ ordered the Commission to stand aside on September 12th. The Commission tried to append a statement to the court order saying they’d merely lost on a technicality, and the judge order this to be removed.

On September 27th, the FVO reinspected the farm and found little wrong. However, in October the Commission asked its standing committee to approve a ban preventing Bowland Dairy Farms from any further trading, without the court orders or any evidence being presented to the committee. The committee duly voted for the ban. An EU-wide directive was issued preventing anyone from placing curd cheese manufactured by Bowland on the market and apparently has the force of law. Bowland Dairy Farms are no more.

The scary thing about this is that the actions of the European Commission in doing this were clearly illegal — they had been ordered by what is supposed to be the highest court in the EU to lift the ban and they refused and instead pursued it with more vigour. Surely this means that the rule of law has been brushed aside in this case? And if so, what’s to stop the rule of law being brushed aside in other cases?

1 Comment

  1. It shows what the EU think of the little bunnies that are to scared to stick their heads outside of Westminster Palace, of course Parliament does mean “talking place” action has nothing to do with.

    Comment by Tony Green — 22 April, 2007 @ 4:38 pm | Edit This


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