Clyde & Co has scored a European victory for a Lancashire dairy fighting for survival over its method of testing milk.
EU partner John Milligan is representing Bowland Dairy Products in its battle to continue selling curd cheese made using milk that has been tested for antibiotic residues.
On 6 October the European Commission voted through a resolution banning Bowlands’ produce, saying the tests fail to comply with EU laws, although the Food Standards Authority (FSA) had previously audited and approved the company.
The Commission says the tests do not ensure the milk is safe for human consumption. It also claims the dairy uses out-of-date milk and contaminated cheese in its products.
On 11 October Milligan, instructing Brick Court Chambers’ David Anderson QC, successfully obtained an interim measures order from the European Court of Justice (ECJ) against the Commission.
The main application for annulment of the Commission’s decision is yet to be heard.
The Commission has threatened legal action against the Government, arguing the FSA should have taken action to prevent what it believes are unlawful practices in testing milk.
The Commission warned on 12 October that if the FSA did not respond to its allegations a case would be launched in the ECJ.