German EID challenge highlighted
A legal challenge by the German Association of Sheep Farmers on the implementation of Electronic Information Database has been highlighted given the interest in the UK farming sector for a case of a similar nature. The National Farmer's Union of Scotland (NFUS) and Farmer's Union Wales (FUW) have both been gathering evidence for such a challenge.
Commenting, William Neville of law firm Burges Salmon said “The fact the Germans have had their case referred to the European Court would be a very good start in the argument in our own High Court; an argument which says it cannot not be decided here but must be referred to Europe. “Of course, it might be adequate to see what the outcome of the German case is but, in all likelihood, by the time it is resolved, EID will have been implemented in the UK. However, if proceedings were started here and referred to Europe, implementation would be up in the air.”
Mr Neville also speculated that a case could potentially be brought by an individual farmer. “An individual farmer, backed by the NFU for example, might be the best approach. There’s no doubt the cost of bringing such a case, first through the UK courts and then in Europe, would be substantial. However, set against the estimated cost to the UK livestock industry of between £4 and £11.5 million, bringing an action now could well be seen as the least cost approach, particularly with the opportunity of joining the German case.” he said.
Defra has published guidance for the vet sector ahead of a proposed UK-EU Sanitary and Phytosanitary agreement.
