Enforcement by individual

Antonio Munoz y Cia SA and another v Frumar Ltd and another (Case C-253/00 ECJ TLR 20 November)

The claimants grew grapes in Spain, including the ‘superior seedless’ variety, which they marketed in England. The defendants imported grapes into the UK which they sold under the names ‘White Seedless’, ‘Sult’ and ‘Coryn’ but, in breach of the Community provisions, these were in fact of the superior seedless variety. The claimants complained on several occasions to the Horticultural Marketing Inspectorate but they took no action. Accordingly, the claimants brought proceedings in the High Court which held that although the defendants had infringed the Community quality standard rules, those rules did not give the claimants a right of action. The claimants appealed to the European Court.