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Federal Constitutional Court decides on central sales promotion of the German agri-food industry

In its decision today the Federal Constitutional Court declared the imposition of a levy in accordance with the Agricultural Marketing Fund Act to be unconstitutional and void.

Unfortunately, the Court did not share the opinion of the Federal Government. The Federal Government regrets that this removes the statutory funding basis for the central sales promotion of the German agri-food industry.

However, respect for this fundamental decision of the Federal Constitutional Court means it is not appropriate to announce concrete statutory consequences at this juncture. The comprehensive comments of the Court must first be analysed in detail. In the course of this examination the question should also be examined whether, bearing in mind the Federal Constitutional Court’s decision, there remain any opportunities to continue to support sales-promoting measures to benefit the German agri-food industry in Germany and abroad, and if so, what these opportunities comprise.

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