R (on the application of Horvath) v Secretary of State for Environment, Food and Rural Affairs C-428/07, [2009] All ER (D) 233 (Jul)
Court of Justice of the European Communities (Grand Chamber), Judges Skouris (President), Jann, Timmermans, Rosas, Lenaerts and von Danwitz (Presidents of Chambers), Cunha Rodrigues, Silva de Lapuerta, Schiemann, Makarczyk, Lohmus (Rapporteur), Arabadjiev and Toader, 16 July 2009.
A member state may include requirements relating to the maintenance of visible public rights of way in its standards for good agricultural and environmental condition under Art 5 of and Annex IV to Council Regulation (EC) 1782/2003 inasmuch as those requirements contribute to the retention of those rights of way as landscape features or, as the case may be, to the avoidance of the deterioration of habitats.
Further, where the constitutional system of a member state provides that devolved administrations are to have legislative competence, the mere adoption by those administrations of different standards for good agricultural and environmental condition under art 5 of and Annex IV to Regulation 1782/2003 does not constitute discrimination contrary to Community law.
The claimant,
