Comment on Ersekcsanadi Mezogazdasgi

Publishers Abstract
In May 2014, the European 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 case comment, it is submitted that the decision ( Érsekcsanádi Mezőgazdasági ) is important for two reasons. First, it is important in the way that it sheds light on the interpretation to be given to art.51(1) of the Charter of Fundamental Rights 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 art.17 of the Charter on the right to property, and particularly the issue of fair compensation, guaranteed by that provision. It is argued here that there is a right to compensation, at EU level, where property is controlled by a Member State in implementation of EU law.

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