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Court of Appeal finds levy on importations of sea fish products to be in breach of EU law

19 March 2010

The Court of Appeal has allowed an appeal by importers of sea fish and sea fish products into the UK against a levy imposed on their importations.  The Court held that the Sea Fish Industry Authority (Levy) Regulations 1995 were ultra vires the Fisheries Act 1981 in so far as they imposed a levy on sea fish and sea fish products which were landed outside the UK and then imported into the UK.  In addition, the Court held that the levy was contrary  to the Treaty on the Functioning of the European Union as a charge having effect equivalent to a customs duty, in breach of Articles 28 and 30.

Valentina Sloane was junior Counsel for the Appellants.

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Valentina Sloane