Judgment of the Court of First Instance of 30 November 2000 in Case T-5/97: Industrie des Poudres Sphériques v Commission of the European Communities (Competition — Action for annulment — Rejection of a complaint — Article 86 of the EC Treaty (now Article 82 EC) — Misuse of the anti-dumping procedure — Statement of reasons — Rights of the defence)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), anti-dumping legislation, calcium, dominant position, metallurgical industry

5.5.2001

EN

Official Journal of the European Communities

C 134/15

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-76/94: Rendert Jansma v Council of the Euro-
pean Union and Commission of the European Communi-
ties (1)

(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having
entered into a non-marketing undertaking — Sale of the
SLOM holding — Limitation period)

2. Declares that the period in respect of which the applicant must
be compensated for the losses sustained as a result of the
application of Regulation No 857/84 is that beginning on
11 December 1988 and ending on the date of delivery of this
judgment. That amount must include the purchase price of a
reference quantity equivalent to the one the applicant should
have obtained pursuant to Regulation No 857/84;

3. Orders the parties to forward to the Court, within six months
the amounts to be paid,

of
this judgment, particulars of
established by mutual agreement;

4. Orders the parties, in the absence of an agreement, to submit
to the Court within the same period their quantified claims;

(2001/C 134/31)

(Language of the case: Dutch)

5.

Reserves the costs.

(1) OJ C 90 of 26.3.94.

In Case T-76/94: Rendert Jansma, residing in Engelbert (Nether-
lands), represented by E.H. Pijnacker Hordijk and H.J. Bronk-
horst, of the Amsterdam Bar, with an address for service in
Luxembourg at
the Chambers of L. Frieden, 62 Avenue
Guillaume, against Council of the European Union (Agent:
A.-M. Colaert) and Commission of the European Communities
(Agents: T. van Rijn and H.-J. Rabe) — 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
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:

the additional

1. Declares that the defendants are bound to make good the
damage sustained by the applicant as a result of the application
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, 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, in so far as
those regulations did not make provision for the allocation of a
reference quantity to producers who, pursuant to an undertaking
given under Council Regulation (EEC) No 1078/77 of 17 May
1977 introducing a system of premiums for the non-marketing
of milk and milk products and for the conversion of dairy herds,
did not deliver milk during the reference year opted for by the
Member State concerned;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 November 2000

in Case T-5/97: Industrie des Poudres Sphériques v
Commission of the European Communities (1)

(Competition — Action for annulment — Rejection of a
complaint — Article 86 of the EC Treaty (now Article 82
EC) — Misuse of the anti-dumping procedure — Statement
of reasons — Rights of the defence)

(2001/C 134/32)

(Language of the case: French)

In Case T-5/97: Industrie des Poudres Sphériques,established
in Annemasse (France), represented by C. Momège, of the Paris
Bar, with an address for service in Luxembourg at
the
Chambers of A. May, 398 Route d’Esch, against Commission
the European Communities (Agents: F. Mascardi and
of
) supported by Péchiney E´ lectrométallurgie,
A. Carnelutti
established in Courbevoie (France), represented by J.-P. Gunther
and O. Prost, of the Paris Bar, with an address for service in
Luxembourg at the Chambers of Loesch and Wolter, 11 Rue
Goethe — application for annulment of the Commission
decision of 7 November 1996, rejecting the applicant’s request
for a finding that an infringement of Article 86 of the EC
Treaty (now Article 82 EC) had allegedly been committed by
Péchiney Electrométallurgie (Case No IV/35.151./E-I IPS/Péchi-
ney E´ lectrométallurgie) — the Court of First Instance (Fifth
Chamber, Extended Composition), composed of: R. Garcı´a-
Valdecasas, President, P. Lindh, J.D. Cooke, M. Vilaras and
N. Forwood, Judges; G. Herzig, Administrator, for the Registrar,
has given a judgment on 30 November 2000, in which it:

1. Dismisses the application;

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.