# C_2005031EN.01001801.xml

| 5.2.2005 | EN | Official Journal of the European Union | C 31/18 |
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5.2.2005

EN

Official Journal of the European Union

C 31/18

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 November 2004

in Case T-166/98: Cantina sociale di Dolianova Soc. coop. rl and Others v Commission of the European Communities (1)

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(Common organisation of the market in wine - Regulation (EEC) No 2499/82 - Community aid - Action for annulment - Action for declaration of failure to act - Action for compensation)

(2005/C 31/35)

Language of the case: Italian

In Case T-166/98: Cantina sociale di Dolianova Soc. coop. rl, established in Dolianova (Italy), Cantina Trexenta Soc. coop. rl, established in Senorbì (Italy), Cantina sociale Marmilla – Unione viticoltori associati Soc. coop. rl, established in Sanluri (Italy), Cantina sociale S. Maria La Palma Soc. coop. rl, established in Santa Maria La Palma (Italy), Cantina sociale del Vermentino Soc. coop. rl Monti-Sassari, established in Monti (Italy), represented by C. Dore and G. Dore, lawyers, with an address for service in Luxembourg, against the Commission of the European Communities (Agents: initially, F. Ruggeri Laderchi and A. Alves Vieira, then A. Alves Vieira and L. Visaggio, with an address for service in Luxembourg) – action under Article 173 of the EC Treaty (now, after amendment, Article 230 EC) for annulment of the Commission's letter of 31 July 1998 refusing to pay directly to the applicants aid for preventive distillation for the wine year 1982/1983 or, under Article 175 of the EC Treaty (now Article 232 EC) for a declaration that the Commission unlawfully failed to act or, in the further alternative, under Article 178 of the EC Treaty (now Article 253 EC) for compensation for the loss allegedly suffered by the applicants as a result of the Commission's conduct – the Court of First Instance (Second Chamber), composed of J. Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; J. Palacio Gonzàlez, Principal Administrator, for the Registrar, gave a judgment on 23 November 2004, in which it:

| 1. | Orders the Commission to pay compensation for the loss suffered by the applicants, following the insolvency of Distilleria Agricola Industriale de Terralba, as a result of the lack of a scheme guaranteeing, under the rules laid down in Article 9 of Commission Regulation (EEC) No 2499/82 laying down provisions concerning preventive distillation for the 1982/83 wine year, payment of the Community aid provided for in that regulation to the producers concerned; |
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1.

Orders the Commission to pay compensation for the loss suffered by the applicants, following the insolvency of Distilleria Agricola Industriale de Terralba, as a result of the lack of a scheme guaranteeing, under the rules laid down in Article 9 of Commission Regulation (EEC) No 2499/82 laying down provisions concerning preventive distillation for the 1982/83 wine year, payment of the Community aid provided for in that regulation to the producers concerned;

| 2. | Orders the parties to notify the Court, within four months of delivery of this judgment, of the amount of compensation fixed by mutual agreement; |
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2.

Orders the parties to notify the Court, within four months of delivery of this judgment, of the amount of compensation fixed by mutual agreement;

| 3. | In the event that no agreement is reached, orders the parties to inform the Court, within the same period, of the figures they propose. |
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3.

In the event that no agreement is reached, orders the parties to inform the Court, within the same period, of the figures they propose.

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(1)  OJ C 378 of 5.12.1998.

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