GO TO BANBURY MARKET , WHICH IS NORTH OF OXFORD AND ABOUT 95 MILES FROM HIS FARM , TO SELL HIS PIGS . AT THE SAME TIME HE ALSO USED TO TRANSPORT PIGS FOR OTHER FARMERS IN THE SAME LOCALITY . IN THE COURSE OF AN INSPECTION IT WAS NOTED THAT , ALTHOUGH HIS VEHICLE WAS FITTED WITH A TACHOGRAPH , NO CONTROL CARD HAD BEEN INSERTED . HE HAD NO ALTERNATIVE TRANSPORT RECORD .
8 MR DOVEY WAS PROSECUTED BEFORE THE MAGISTRATES ' COURT SITTING AT BANBURY . HE AGREED THAT THERE WERE PIG MARKETS NEARER TO HIS FARM , FOR EXAMPLE AT WINCHESTER AND SALISBURY , BUT MAINTAINED THAT THEY WERE TOO SMALL TO HANDLE THE NUMBER OF PIGS WHICH HE WISHED TO SELL , NAMELY SOME 3 000 PIGS A YEAR OR ON AVERAGE 60 PIGS A WEEK .
9 THE JUSTICES ACQUITTED MR DOVEY ON TWO GROUNDS : FIRST , IN THEIR VIEWM ONLY THE NEAREST MARKET AT WHICH PARTICULAR GOODS COULD BE SOLD AT A PROFIT COULD BE REGARDED AS A ' LOCAL MARKET ' ; SECONDLY , THE TIME NEEDED TO DRIVE TO BANBURY MARKET DID NOT EXCEED THE MAXIMUM PERIOD ALLOWED BY LAW . MR TETLOW , ACTING ON BEHALF OF THE DEPARTMENT OF TRANSPORT , APPEALED AGAINST THAT DECISION TO THE DIVISIONAL COURT .
10 AT THE APPELLANTS ' REQUEST , THE DIVISIONAL COURT REFERRED A QUESTION TO THE COURT , FORMULATED IN TERMS OF FIVE ALTERNATIVES , FOR A PRELIMINARY RULING ON THE INTERPRETATION OF THE EXPRESSION ' LOCAL MARKET ' , CONTAINED IN ARTICLE 14A OF REGULATION NO 543/69 AND INCORPORATED INTO NATIONAL LEGISLATION PURSUANT TO AN EXEMPTION PROVIDED FOR IN SUBPARAGRAPH ( 2 ) ( C ) OF ARTICLE 14 . THAT QUESTION , WHICH IS IDENTICAL IN BOTH CASES , IS WORDED AS FOLLOWS :
IS A ' LOCAL MARKET ' WITHIN THE MEANING OF ARTICLE 14A ( 2 ) ( C ) OF COUNCIL REGULATION ( EEC ) NO 543/69 , AS AMENDED BY COUNCIL REGULATION NO 2827/77 :
( 1 ) A MARKET ( REGARDLESS OF TYPE ) REASONABLY CLOSE TO THE FARM IN QUESTION?
OR
( 2)A MARKET ( REGARDLESS OF TYPE ) REASONABLY CLOSE TO THE FARM , HAVING REGARD TO LOCAL GEOGRAPHICAL CIRCUMSTANCES?
OR
( 3)A MARKET REASONABLY CLOSE TO THE FARM IN QUESTION ( AND/OR REASONABLY CLOSE HAVING REGARD TO LOCAL GEOGRAPHICAL CIRCUMSTANCES ) HAVING REGARD TO THE CLASS OR BREED OF ANIMAL IN QUESTION BOUGHT OR SOLD THEREAT - AND IF SO , AT WHAT POINT ( IF ANY ) DOES SUCH A MARKET CEASE TO BE ' LOCAL ' ?
OR
( 4)A MARKET REASONABLY CLOSE TO THE FARM IN QUESTION ( AND/OR REASONABLY CLOSE HAVING REGARD TO LOCAL GEOGRAPHICAL CIRCUMSTANCES ) AT WHICH THE CLASS OR BREED OF ANIMAL IN QUESTION CAN BE BOUGHT OR SOLD ON COMMERCIALLY ADVANTAGEOUS TERMS HAVING REGARD TO THE QUANTITY OF ANIMALS INVOLVED AND IF SO :
( A ) HOW IS ' ADVANTAGEOUS