Share it

On appeal from: [2010] EWCA Civ 263

This appeal concerns the extent of the power of the Sea Fish Industry Authority to impose a levy on persons engaged in the sea fish industry and the compatibility with EU law of the levy imposed. The Fisheries Act 1981, s 4(3) provides that regulations may be made imposing a levy on persons engaged in the sea fish industry “in respect of the weight of sea fish or sea fish products landed in the United Kingdom”. The regulations which have been made in pursuance of this power are the Sea Fish Industry Authority (Levy) Regulations 1995 . They expressly make a levy payable not only on sea fish and sea fish products first brought to shore in the UK, but also on imported sea fish and sea fish products. Held, unanimously allowing the appeal, holding that the statutory power extends to imposing a levy in respect of imported sea fish or parts of sea fish and that such a levy is not a charge equivalent to a customs duty contrary to EU law.

For judgment, please download: [2011] UKSC 25
For the Court’s press summary, please download: Press Summary
For a non-PDF version of the judgment, please visit: BAILII