Comment on Érsekcsanádi Mezőgazdasági

Abstract

Annotation of Case C-56/13 Ersekcsanadi Mezőgazdasagi Zrt v Bacs-Kiskun Megyei Kormanyhivatal (Court of Justice, 22 May 2014) In May 2014, the Court of Justice delivered a judgment in which a Hungarian concern unsuccessfully sought damages from the Hungarian authorities for economic loss caused to it by an EU ban, prompted by an outbreak of avian flu. In this annotation, the author submits that the decision is important for two reasons. Firstly, it is important in the way that it sheds light on the interpretation to be given to Article 51(1) of the Charter, and reveals more of the Court’s jurisdictional teething problems where the Charter is concerned. However, secondly, it is important in its problematic reading, or possible misreading, of Article 17 of the Charter on the right to property, and particularly the issue of fair compensation, guaranteed by that provision. The author contends that there is a right to compensation, at EU level, where property is controlled by a Member State in implementation of EU law.