Judgment of the Court of First Instance of 31 January 2001 in Case T-73/94: Bernard Beusmans 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 — Non-resumption of production on expiry of the undertaking — Withdrawal of the provisional reference quantity)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, farmer, indemnification, milk product, non-marketing premium

C 134/14

EN

Official Journal of the European Communities

5.5.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

of 31 January 2001

in Case T-533/93: Edouard Bouma v Council of the
European Union and Commission of the European Com-
munities (1)

in Case T-73/94: Bernard Beusmans v Council of the
European Union and Commission of the European Com-
munities (1)

(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having
entered into a non-marketing undertaking — Non-resump-
tion of production on expiry of the undertaking)

(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having
entered into a non-marketing undertaking — Non-resump-
tion of production on expiry of the undertaking — With-
drawal of the provisional reference quantity)

(2001/C 134/29)

(Language of the case: Dutch)

In Case T-533/93: Edouard Bouma, residing in Rutten (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
(Agent: by 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,
J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 31 January 2001, in which it:

Judges;

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(2001/C 134/30)

(Language of the case: Dutch)

In Case T-73/94: Bernard Beusmans, residing in Noorbeek
(Netherlands), represented by E.H. Pijnacker Hordijk and
H.J. Bronkhorst, 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) — appli-
cation 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;

2. Orders the applicant to pay the costs.

(1) OJ C 334 of 9.12.93.

(1) OJ C 90 of 26.3.94.