Commentary on the ruling of the Supreme Court of 18 of June of 2024
DOI:
https://doi.org/10.24197/reeap.263.2024.359-365Keywords:
Dairy sector, Unconstitutionality, Actual cost of production, Freedom of enterprise, ProportionalityAbstract
The ruling dismisses the administrative contentious appeal filed by the National Federation of Dairy Industries (FENIL) against Royal Decree 374/2022, which modifies price regulation in the dairy sector, establishing that the agreed price must cover the actual cost of production. The Chamber argues that this obligation seeks to rebalance negotiating power in the food chain, protecting the most vulnerable producers. The decision reaffirms the legitimacy of regulatory intervention in the sector, aligning with the objectives of the common agricultural policy and European regulations on unfair trading practices.
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