It was a momentous week for Westwater Advocates having no fewer than three members appear at the European Court of Justice.
Sir Crispin Agnew and Neil MacDougall appeared for the Appellant and the Dean of Faculty (James Wolffe QC) and Donald Cameron appeared for the Respondent in case C-335/13 Robin Feakins against Scottish Ministers. The case was referred to Luxembourg by the Scottish Land Court. The European Court was asked for a preliminary ruling on the application of the “best value” principle in relation to the Single Farm Payment scheme of agricultural subsidies.
The hearing was conducted in the main court chamber. As can be seen the main chamber is a particularly grand room with a substantial public gallery. Flanking the court room are the interpreters’ boxes for each of the member states.
A panel of five Judges together with the Advocate General heard the case. The advocates were afforded the opportunity of meeting with the judges prior to the hearing commencing. The meeting was very cordial and conducted in English. The procedure for the hearing was explained and the time limit of 15 minutes for submissions was emphasised in no uncertain terms!
Once the case called Sir Crispin opened the proceedings by delivering the submissions for the Appellant. During Sir Crispin’s submissions Neil performed his role as junior by keeping one eye on the Judges and the Advocate General. However, he could not help but be momentarily distracted by the Italian translator who was enthusiastically delivering a simultaneous translation with some gusto!
Following Sir Crispin, the Dean then delivered the submissions for the Respondent. The European Commission and the Hellenic Republic were also represented at the hearing and both gave submissions.
On conclusion of the parties’ submissions the Judge Rapperteur asked some questions of the Commission and Sir Crispin. The Advocate General then asked some further questions of the Commission, Sir Crispin and the Dean. All parties were then afforded a brief opportunity to provide closing comments. The hearing was then concluded and the Advocate General advised her opinion would be issued on 19 June 2014.
It is understood that this was only the sixth reference to the European Court of Justice from Scotland. It is a fantastic achievement of Westwater Advocates to have such a strong presence in the reference. It was a privilege to all those involved but particularly so for Neil and Donald who got the opportunity to appear so early in their careers.
After trying to get to the European Court of Justice for twenty years Sir Crispin said he found it, “an intimidating but rewarding experience.”
It was a memorable day all-round and whatever way the judgment goes Westwater are guaranteed to taste success!