Mulder v Commission [1988] ECR 2321

• Plaintiff had been encouraged not to produce milk for 5 years under a regulation which granted him money for not doing so.

  • During these years new regulations came in that prevented those who took part in the non-production scheme from getting milk quotas allowing them to produce.

  • One set of regulations provided for special circumstances to exempt some producers from these regulations, whereas another did not.

• ECJ ruled that the producers who took up the original offer of non-production in return for a premium, had LEs that they would be able to resume producing without being subjected to new rules by virtue of having engaged in the scheme, so that the first set of new regulations must be interpreted in this light, while the second set of regulations was void. 

ECJ

• Plaintiff cant have LE that he would be producing under exactly same rules as before, but does have LE that he will not be subject to restrictions precisely because he took part in the scheme.