The named person was notified in 2005 that, since he was producing less than 70% of his quota, it was being reduced by 30% as provided for in the Milk Quota Regulation ‘dormancy rules’ - with the retrieved volume going back to the National Reserve. The Regulations do provide that if the supplier is in a position to resume fulfilling his or her full quota, then that dormancy case can be reconsidered if there were force majeure circumstances. However no such case was made at that time.
The named person continued to produce reduced volumes, well below the adjusted 70%, up to 2009 and then presented his quota for leasing under the Temporary Leasing Scheme. The person was allowed, on the grounds of force majeure, to continue submitting his quota for temporary leasing for a period of three years – the normal being one year. The named person then submitted his quota for sale under the 2012/13 Milk Quota Trading Scheme. Given that the named person was not proposing to utilise his full quota in 2005 or shortly thereafter his case could not be considered as force majeure under the ‘dormancy rules’.