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High Court orders re-opening of Ramsgate Port to livestock shipments

17/10/12

The High Court has ordered Thanet District Council to re-open Ramsgate Port to live animal exports pending the hearing of an application for judicial review.
The Council had suspended live animal exports through the port on 17 September 2012. This ban coincided with one of the busiest periods of the year for animal exports, as preparations were made for the festival of Eid Al-Adha on 26 October. The Council's ban brought a halt to the shipping of livestock overseas and left exporters unable to meet substantial commitments to customers on the Continent.

Three Dutch businesses sought interim relief from the High Court. They contended that the ban was an unlawful restriction of trade, in contravention of relevant EU law: Article 35 TFEU and Regulation 2005/1 on the protection of animals during transport and related operations. They presented evidence of contingency plans - approved by the Department for Environment, Food and Rural Affairs (DEFRA) - that had been put in place to protect the welfare of animals moving through the port.

Mr Justice Burton, sitting in the Administrative Court, granted an interim injunction, ordering the Council to lift its ban immediately and permit shipments of livestock from Ramsgate Port pending the full hearing.

The BBC news report is here.

Fergus Randolph QC and Andrew Henshaw appeared for the applicants, Barco De Vapor B.V., Onderwater Agneaux B.V. and Joint Carrier, instructed by Thomas Cooper.