Opinion of the Advocate General — ECLI:EU:C:2001:57
Date: 2001-01-25
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products;Non-contractual liability
Procedure: Reference for a preliminary ruling
Origin: Germany

SUMMARY — JOINED CASES C-80/99, C-81/99 AND C-82/99 
Summary of the Judgment 
1. Actions for damages — Disputes arising from a contract for compensation concluded 
in the name and on behalf of the Council and the Commission by the competent 
national authority, in accordance with Regulation No 2187/93 providing for an offer 
of compensation to certain producers of milk temporarily prevented from carrying on 
their trade — Jurisdiction of the Court — None 
(EC Treaty, Arts 178 and 215, second para. (now Art. 235 EC and Art. 288, second 
para, EC); Council Regulation No 2187/93) 
2. Acts of the institutions — Regulations — Implementation by the Member States — 
Compensation contracts concluded in accordance with Regulation No 2187/93 
providing for an offer of compensation to certain producers of milk temporarily 
prevented from carrying on their trade — Formal and procedural rules of national 
law — Principle of the protection of legitimate expectations — Conditions for 
application 
(Council Regulation No 2187/93) 
1. The provisions of the second paragraph 
of Article 215 and Article 178 of the 
Treaty (now the second paragraph of 
Article 288 EC and Article 235 EC) 
read in conjunction must be interpreted 
as meaning that the Court of Justice 
does not have jurisdiction to rule in 
disputes arising from a contract for 
compensation concluded in the name 
and on behalf of the Council and the 
Commission by the competent national 
authority, in accordance with Regula­
tion No 2187/93 providing for an offer 
of compensation to certain producers 
of milk and milk products temporarily 
prevented from carrying on their trade. 
(see para. 50 and operative part 1) 
2. In the absence of any indication in 
Regulation No 2187/93 providing for 
an offer of compensation to certain 
producers of milk and milk products 
temporarily prevented from carrying 
on their trade, the contracts for com­
pensation concluded pursuant to that 
regulation are governed by the rules of 
national law, provided that their appli­
cation does not prejudice the scope and 
effectiveness of Community law. 
Moreover, Community law does not 
preclude the application of the princi­
ple of legitimate expectations provided 
for by the national legal order of the 
Member State concerned for the pur-
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FLEMMER AND OTHERS 
poses of assessing the scope of con­
tracts concluded by national authori­
ties in the name and on behalf of the 
Council and Commission, provided 
that the Community interest is also 
taken into account. 
(see paras 57, 63 
and operative part 2-3) 
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