Order — ECLI:EU:T:2001:218
Date: 2001-09-19
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Concepts: Limitation periods;General
Procedure: Action for annulment;Action for damages - inadmissible
Origin: Germany

Summary of the Order 
1. Actions for damages — Limitation period — Starting point — Liability on account 
of Regulation No 857/84 resulting in a reference quantity not being allocated to milk 
producers who entered into a non-marketing undertaking — Date to be taken into 
consideration 
(Arts 235 EC and 288, second para., EC; EC Statute of the Court of Justice, Art. 43-
Council Regulations No 1078/77 and 857/84) 
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SUMMARY — CASE T-332/99 
2. Actions for damages — Limitation period — Interruption — Conditions — Pro­
ceedings instituted before the Community judicature or an application made to the 
competent institution 
(Arts 230 EC and 232, second para., EC; EC Statute of the Court of Justice, Art. 43; 
Council Regulation No 2330/98) 
3. Acts of the institutions — General obligation to inform individuals of the judicial 
remedies available and the conditions which must be met — No such obligation 
1. The limitation period for actions 
against the Community concerning 
non-contractual liability, laid down by 
Article 43 of the Statute of the Court of 
Justice, cannot begin to run before all 
the requirements governing the obliga­
tion to make good the damage are 
satisfied and, in particular, in cases 
where liability stems from a legislative 
measure, before the injurious effects of 
the measure have been produced, it 
being the case that those conditions 
consist of the existence of unlawful 
conduct on the part of the Community 
institutions, the existence of the 
damage alleged and the existence of a 
causal link between that conduct and 
the loss claimed. 
Damage suffered by a milk producer as 
a result of being unable to use a 
reference quantity arises on the date 
when, following the expiry of his non-
marketing undertaking signed pursuant 
to Regulation No 1078/77, the produ­
cer concerned would have been able to 
resume milk deliveries, without having 
to pay the additional levy, if he had not 
been refused a reference quantity under 
Regulation No 857/84. Therefore it is 
on that date that the requirements for 
an action for damages against the 
Community are satisfied. The damage 
was not caused instantaneously but 
recurred on a daily basis. The time 
bar under Article 43 of the Statute of 
the Court of Justice applies to the 
period preceding by more than five 
years the date of the event which 
interrupted the limitation period and 
does not affect rights which arose 
during subsequent periods. 
(see paras 40-41, 44-45) 
2. In accordance with Article 43 of the 
Statute of the Court of Justice, the 
limitation period is interrupted only if 
proceedings are instituted before the 
Community judicature or if an applica­
tion is made to the competent Com­
munity institution; however, in the 
latter case, interruption only occurs if 
the request is followed by an applica­
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JESTÄDT v COUNCIL AND COMMISSION 
tion within the time-limit determined 
by reference to Articles 230 EC or 232 
EC. 
When a milk producer receives an offer 
of compensation pursuant to Regula­
tion No 2330/98, he must be able to 
benefit from the waiver of the limita­
tion period in a letter from the institu­
tions replying to the request for com­
pensation submitted to them by the 
applicant, and consequently to inter­
rupt the limitation period, in accor­
dance with Article 43 of the Statute of 
the Court of Justice, at the date of his 
request for compensation, provided 
that he commence the action no later 
than two months following the expiry 
of the period for accepting the offer 
provided for in the regulation 
(see paras 47, 51-53) 
3. In the absence of express provisions of 
Community law, the Community 
administration and judicature cannot 
be placed under a general obligation to 
inform individuals of the judicial reme­
dies available or of the time-limits for 
availing themselves thereof. 
(see para. 50) 
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