Judgment of the Court of Justice, The Queen/Ministry of Agriculture, Fisheries and Food, ex parte FEDESA and Others, Case C-331/88 (13 November 1990)

According to the Court of Justice, in its judgment of 13 November 1990, in Case C-331/88, Fedesa and Others, by virtue of the principle of proportionality, the lawfulness of the prohibition of an economic activity is subject to the condition that the prohibitory measures are appropriate and necessary in order to achieve the objectives legitimately pursued by the legislation in question, it being understood that, where there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued.

Source and copyright

Source: CVRIA. Case-law: Numerical access to the case-law. [ON-LINE]. [Luxembourg]: Court of Justice of the European Communities, [07.06.2006]. C-331/88. Available on http://curia.eu.int/en/content/juris/index.htm.

Copyright: (c) Court of Justice of the European Union

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