The Queen (on the Application of Newby Foods) v. Food Standards Agency (No. 7) [2014] EWHC 1340 (Admin)
The Administrative Court considered an application made against the European Commission on the ground of breach of the principle of loyal cooperation. The Court clarified the scope of the principle of sincere cooperation in the context of interim injunctive relief that had previously been granted. The injunctive relief was designed to permit a meat supplier to continue in business pending a decision of the European Court of Justice. As summarised In the court’s judgment on costs (see [2014] EWHC 1492 (Admin), the Judge held that whilst he considered that the Commission’s conduct since the grant of interim relief was in some respects open to criticism, the principle of sincere cooperation had not yet been breached by the Commission.
Hugh Mercer QC and Andrew Legg, instructed by Tim Russ of Clarke Willmott, were counsel for the Claimant on this application against the European Commission.
* We have been asked by the European Commission to correct a previous headline relating to this news item. We have changed the headline. We also wish to make clear that the Judge did not find that the Commission had in fact been in breach either of the principle of sincere cooperation, or of the Court’s previous order.
