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 Communities (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)
Date: 2002-05-18
Institutions: Court of First Instance
Subjects: EU institution, European Commission, farmer, indemnification, milk, non-marketing premium

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

C 118/24

EN

Official Journal of the European Communities

18.5.2002

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), 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. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 304 of 29.10.1994.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 February 2002

in Case T-193/00: Bernard Felix v Commission of the
European Communities (1)

(Officials — Open competition — Oral test — Non-
inclusion in the reserve list — Consistency of the composition
of the selection board — Knowledge of languages)

1. Annuls the decision of the selection board in competition COM/
A/12/98 in so far as it concerns the mark awarded to the
applicant for the oral test;

2. Orders the Commission to pay the costs.

(1) OJ C 273 of 23.9.2000.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

19 December 2001

in Joined Cases T-195/01 R and T-207/01 R, Government
of Gibraltar v Commission of the European Communities

(Proceedings for interim relief — State aid — Decision to
initiate a formal investigation procedure — Admissibility —
Prima facie case — Urgency — None — Balancing of
interests)

(2002/C 118/39)

(2002/C 118/38)

(Language of the Case: English)

(Language of the case: French)

In Case T-193/00: Bernard Felix, an official of the Commission
of the European Communities, residing at Arlon (Belgium),
represented by J.-N. Louis and V. Peere,
lawyers, with an
address for service in Luxembourg, v Commission of the
European Communities (Agent: J. Currall) — application for
annulment of the decision of the selection board in compe-
tition COM/A/12/98 awarding the applicant a lower mark
than the minimum required for the oral test and excluding
him from the reserve list — the Court of First Instance (Fifth
Chamber), composed of: J.D. Cooke, President, and R. Gracı´a-
Valdecasas and P. Lindh, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 7 February 2002, in
which it:

In Joined Cases T-195/01 R and T-207/01 R, Government of
Gibraltar, represented by A. Sutton, M. Llamas, Barristers, and
W. Schuster, lawyer, with an address for service in Luxem-
bourg, against Commission of the European Communities,
(Agents: V. Di Bucci and R. Lyal): Application for interim
measures in respect of the decisions of the Commission of
11 July 2001, notified to the Government of the United
Kingdom by letters SG(2001) D/289755 and SG(2001) D/
289757,
the procedure provided for by
Article 88(2) EC in respect of alleged State aid granted under
Gibraltarian legislation to exempt and qualifying companies
respectively, the President of the Court of First Instance made
the following order on 19 December 2001, the operative part
of which is as follows:

to initiate