Judgment — ECLI:EU:T:1998:227
Date: 1998-09-24
Language of the case: German
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products;Non-contractual liability
Concepts: Co-responsibility levy and additional levy on milk
Procedure: Action for damages - successful
Origin: Germany

Summary of the Judgment 
Agriculture — Common organisation of the markets — Milk and milk products — Additional 
levy on milk — Allocation of reference quantities exempt from the levy — Producers refused a 
reference quantity because they suspended deliveries under non-marketing or conversion pre­
mium arrangements — Offer of flat-rate compensation under Régulation No 2187/93 — Entitle­
ment to default interest on the compensation — Where judicial proceedings pending, payment of 
interest suspended until notification of discontinuance lodged 
(EC Treaty, Art. 215; Rules of Procedure of the Court of First Instance, Art. 99; Council Regula­
tion No 2187/93, Art. 12) 
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SUMMARY — CASE T-112/95 
In the case of milk producers who were tem­
porarily prevented from carrying on their 
trade because they had not been allocated a 
reference quantity exempt from the addi­
tional levy by reason of their having entered 
into non-marketing undertakings, their 
acceptance of compensation proposed under 
Regulation N o 2187/93 by signing the 
related receipt, thereby relinquishing all 
claims, placed them under an obligation to 
discontinue any actions pending. The Coun­
cil and the Commission, being the bodies 
who owed the compensation, were therefore 
entitled to suspend payment of the default 
interest provided for in Article 12 of Regula­
tion N o 2187/93, so long as the producers in 
question had not fulfilled their obligation to 
discontinue any actions. 
The crucial date for the purposes of imple­
menting that obligation is not the date on 
which the national authorities were informed 
of discontinuance, but the date on which 
notification of discontinuance, in accordance 
with Article 99 of the Rules of Procedure, is 
lodged at the Registry of the Court of First 
Instance. 
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