Judgment of the Court of first instance 7 February 2002 in Case T-199/94: Hans-Walter Gosch v Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producer who has entered into a non-marketing undertaking — Non-resumption of production on expiry of the undertaking)
Date: 2002-05-18
Institutions: Court of First Instance
Subjects: European Commission, farmer, indemnification, milk, non-marketing premium

C 118/22

EN

Official Journal of the European Communities

18.5.2002

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-187/94: Theresia Rudolph 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 — Regulation (EC)
No 2187/93 — Compensation for producers — Interruption
of the limitation period)

(2002/C 118/34)

(Language of the case: German)

In Case T-187/94, Theresia Rudolf, residing in Rasdorf-
Grüsselbach (Germany),
represented by B. Meisterernst,
M. Düsing, D. Mannstetten, F. Schulze and C.-H. Husemann,
lawyers, with an address for service in Luxembourg, v Council
of the European Union (Agent: A.-M. Colaert) and Commission
of the European Communities (Agents: D. Booß, M. Niejahr,
H.-J. Rabe and M. Nu´ n˜ ez-Müller): Application for compen-
sation 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 her 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), Court of First Instance (Fourth Chamber), composed of:
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 7 February 2002, 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;

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
5 August 1987 and ending on 28 March 1989;

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

this judgment, particulars of
of
established by mutual agreement;

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

5.

Reserves the costs.

(1) OJ C 174 of 25.6.1994.

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-199/94: Hans-Walter Gosch v Commission of
the European Communities (1)

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

(2002/C 118/35)

(Language of the case: German)

In Case T-199/94, Hans-Walter Gosch, residing in Högersdorf
(Germany), represented by D. Hansen and S. Vieregge, lawyers,
with an address for service in Luxembourg, v Commission of
the European Communities (Agents: D. Booß, M. Niejahr
and M. Nu´ n˜ ez-Müller): 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),

18.5.2002

EN

Official Journal of the European Communities

C 118/23

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), Court of
First Instance (Fourth Chamber), composed of: P. Mengozzi,
President, V. Tilli and R. M. Moura Ramos, Judges; D. Christens-
en, Administrator, for the Registrar, has given a judgment on
7 February 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 218 of 6.8.1994.

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-201/94: Erwin Kustermann 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 — Regulation (EC)
No 2187/93 — Compensation for producers — Interruption
of the limitation period)

(2002/C 118/36)

(Language of the case: German)

In Case T-201/94, Erwin Kustermann, residing in Eggenthal
(Germany), represented by H.-P. Ried, Y. Schur and R. Bruk-
hardt, lawyers, with an address for service in Luxembourg, v
Council of the European Union (agent: A.-M. Colaert) and
Commission of the European Communities (Agents: D. Booß,
M. Niejahr, H.-J. Rabe and M. Nu´ n˜ ez-Müller): 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),
Court of First
Instance (Fourth Chamber), composed of:
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 7 February 2002, in which it:

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;

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
5 August 1987 and ending on 28 March 1989;

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 such agreement, to submit
to the Court within the same period their quantified claims;

5.

Reserves the costs.

(1) OJ C 218 of 6.8.1994.

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-261/94: Bernhard Schulte 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 — Regulation (EC)
No 2187/93 — Compensation for producers — Act of the
national authorities — Limitation)

(2002/C 118/37)

(Language of the case: German)

In Case T-261/94, Bernhard Schulte, residing in Delbrück
(Germany), represented by R. Freise, lawyer, v Council of the
European Union (agents: A.-M. Colaert and M. Nu´ n˜ ez-Müller)
the European Communities (Agents:
and Commission of
D. Booß, M. Niejahr and M. Nu´ n˜ ez-Müller): Application for
compensation under Article 178 and the second paragraph of