Judgment of the Court of First Instance of 31 January 2001 in Case T-143/97: Gerhardus van den Berg v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producer having entered into a non-marketing undertaking — Transfer of the quota to another holding)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: European Community, agricultural guidance, farmer, indemnification, milk product, non-marketing premium

C 134/16

EN

Official Journal of the European Communities

5.5.2001

2. Orders the applicant to bear its own costs and pay those of the
Commission and of the intervener Péchiney E´ lectrométallurgie.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 74 of 8.3.97.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-143/97: Gerhardus van den Berg v Council of
the European Union and Commission of the European
Communities (1)

(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having
entered into a non-marketing undertaking — Transfer of
the quota to another holding)

(2001/C 134/33)

(Language of the case: Dutch)

In Case T-143/97: Gerhardus van den Berg, residing in Dalfsen
(Netherlands), represented by E.H. Pijnacker Hordijk, of the
Amsterdam Bar, with an address for service in Luxembourg at
the Chambers of L. Frieden, 62 Avenue Guillaume, v Council
of the European Union (Agents: A.-M. Colaert and J.-P. Hix)
and Commission of the European Communities (Agent: T. van
Rijn) — application for compensation under Article 178 and
the second paragraph of Article 215 of the EC Treaty (now
Article 235 EC and the second paragraph of Article 288 EC)
for damage suffered by the applicant as a result of his having
been prevented from marketing milk by virtue of Council
Regulation (EEC) No 857/84 of 31 March 1984 adopting
general rules for the application of the levy referred to in
Article 5c of Regulation (EEC) No 804/68 in the milk and milk
products sector (OJ 1984 L 90, p. 13), as supplemented by
Commission Regulation (EEC) No 1371/84 of 16 May 1984
laying down detailed rules for the application of the additional
levy referred to in Article 5c of Regulation (EEC) No 804/68
(OJ 1984 L 132, p. 11) — the Court of First Instance (Fourth
Chamber), composed of: V. Tiili, President, R.M. Moura Ramos
and P. Mengozzi, Judges; J. Palacio Gonza´lez, Administrator,
for the Registrar, has given a judgment on 31 January 2001,
in which it:

1. Dismisses the application as inadmissible;

of 31 January 2001

in Joined Cases T-197/97 and T-198/97: Weyl Beef Prod-
ucts BV and Others v Commission of the European
Communities (1)

(Article 85(1) of the EC Treaty (now Article 81(1) EC) —
Action for annulment — Rejection of a complaint —
Community interest — Relationship between Article 85 and
Article 92 of the EC Treaty (now, after amendment,
Article 87 EC))

(2001/C 134/34)

(Language of the case: Dutch)

In Joined Cases T-197/99 and T-198/97: Weyl Beef Products
BV, established at Enschede, Netherlands, represented by
E.H. Pijnacker Hordijk, of the Amsterdam Bar, and S.B. Noë,
of the Rotterdam Bar, applicant in Case T-197/97, Exportslach-
terij Chris Hogeslag BV, established at Holten, Netherlands,
represented by A.P.J.M. de Bruyn, of the Zutphen Bar, Gronin-
ger Vleeshandel BV, established at Groningen, Netherlands, in
liquidation, represented by J.J. van der Molen,
liquidator
appointed by the courts, represented initially by A.P.J.M. de
Bruyn, of the Zutphen Bar, and subsequently by P.E. Mazel, of
the Leeuwarden Bar, with an address for service in Luxembourg
at the Chambers of Bonn and Schmitt, 7 Val Sainte-Croix,
applicants in Case T-198/97, against Commission of the
European Communities (Agents: W. Wils and G. van der Wal)
supported by Produktschap voor Vee en Vlees and Stichting
Saneringsfonds Runderslachterijen,
at
Rijswijk, Netherlands, represented by I.W. VerLoren van
Themaat, of the Amsterdam Bar, with an address for service in
Luxembourg at the Chambers of C. Medernach, 8-10 Rue
Mathias Hardt — application in Case T-197/97, for annulment
of
the Commission’s decision of 23 April 1997 (case
No IV/35.591/F-3 — Weyl/PVV+SSR) rejecting an application
in Case
made by the applicant on 14 June 1995 and,
T-198/97, for annulment of the Commission’s decision of
23 April 1997 (case No IV/35.634/F-3 — Hogeslag-Gronin-
ger/PVV+SSR) rejecting an application made by the applicants
on 30 June 1995 — the Court of First Instance (Fourth
Chamber), composed of: V. Tiili, President, R.M. Moura Ramos
and P. Mengozzi, Judges; G. Herzig, Administrator, for the
Registrar, has given a judgment on 31 January 2001, in which
it:

both established

1. Dismisses the actions;

2. Orders the applicants to bear their own costs as well as those

incurred by the Commission;

2. Orders the applicant to pay the costs.

3. Orders the interveners to bear their own costs.

(1) OJ C 199 of 28.6.1997.

(1) OJ C 252 of 16.8.97.