10 Eur. L. Rep. 1 (2006)

handle is hein.journals/eurlawreo10 and id is 1 raw text is: [2006] EuLR

A R (BOTSWANA MEAT COMMISSION (UK)
HOLDINGS LTD) v RURAL
PAYMENTS AGENCY
High Court (Queen's Bench Division)
Collins J
17 June 2005
[2005] EWHC 1163 (Admin)
General Agreement on Tariffs and Trade 1994 - Community tariff quota for
importation offrozen beef- Commission Regulation No. 780/2003, Art. 9
Whether entities related within meaning of Commission Regulation No. 2454/93,
Art. 143 - Purposive construction of EU regulation
C
Facts
The Botswana Meat Commission (UK) Holdings Ltd (the Commission) (the
claimant) was ultimately owned by the Government of Botswana and was
concerned with the importation into the United Kingdom and elsewhere of
chilled and frozen beef from Botswana. At the relevant time, the managing
D   director of the Commission, Mr Nielsen, was also the managing director of Meat
Corporation of Namibia (Netherlands) BV (MCN), which was incorporated
in Holland in order to promote the sale of beef from Namibia and was ultimately
owned by the Government of Namibia. Both the Commission and MCN had for
some years imported frozen beef into the EU. As part of the General Agreement
on Tariffs and Trade 1994, each year the EU opened a Community tariff quota
(divided into subquotas) for imports of beef, allowing licencees to pay a reduced
E  duty compared with such imports from countries outside the EU. Article 9 of
Commission Regulation No. 780/2003 set out the requirements which had to be
met in order that approval could be given, including the requirement that
applicants were not related to one another within the meaning of Art. 143 of
Commission Regulation No. 2454/93. The latter provision was a deeming
provision, providing that applicants would be deemed to be related in certain
circumstances.
F    The Commission was registered for VAT in the United Kingdom, and
therefore applied to the Rural Payments Agency (the defendant) for an import
licence. MCN made an application for approval in Holland. As both the
Commission and MCN shared the same managing director, there was a real
danger that the application would be rejected, and therefore Mr Nielsen sought,
unsuccessfully, to be removed from his position at MCN. The Dutch
Intervention Board informed MCN that its application was rejected and the
G Rural Payments Agency informed the Commission that its application in the
United Kingdom had been rejected.

0 2006 Hart Publishing Ltd.
CCC 1091-3297/06/010001-15

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