Case C-344/06 P: Appeal brought on 8 August 2006 by J. C. Blom against the judgment of the Court of First Instance (Fifth Chamber) delivered on 30 May 2006 in Case T-87/94 J.C. Blom v Council of the European Union and Commission of the European Communities
Date: 2006-10-28
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment (EU), agricultural levy, appeal, farmer, milk, non-marketing premium

28.10.2006

EN

Official Journal of the European Union

C 261/13

(4) Article 293(2) of the LSA is contrary to Article 29(6) of
read in conjunction with Article
Directive 77/91/EEC,
29(4),
the shareholders'
fails to provide that
in that
meeting may decide to exclude the right to pre-emptive
subscription for bonds convertible into shares.

it

(1) OJ L 26 of 31. 1. 1977, p. 1

The judgment under appeal should be set aside because the
Court of First Instance made a serious misappraisal of the legiti-
mate expectations which the Institutions created in the case of
the 83-ers. As no further examination of the facts is called for,
the Court of Justice can itself dispose of the case in the appeal.
Alternatively, the case should be referred back to the Court of
First Instance.

Third plea: The Court of First Instance applied an incorrect test
for assessing the causal link between the loss suffered by Mr
Blom and the Community's unlawful conduct.

Appeal brought on 8 August 2006 by J. C. Blom against
the judgment of
Instance (Fifth
Chamber) delivered on 30 May 2006 in Case T-87/94 J.C.
Blom v Council of the European Union and Commission
of the European Communities

the Court of First

(Case C-344/06 P)

(2006/C 261/23)

Language of the case: Dutch

Parties

Appellant): J. C. Blom (represented by E. Pijnacker Hordijk and
S. C. H. Molin, advocaten)

Other parties to the proceedings: Council of the European Union
and Commission of the European Communities

Form of order sought

— Set aside the judgment of the Court of First Instance of 30
May in Case T-87/94, as rectified by the Order of the Court
of First Instance of 30 May 2006 (T-87/94 REC) and, ruling
anew, uphold the appellant's claim or,
in the alternative,
refer the case back to the Court of First Instance for judg-
ment;

— order the Council and the Commission to pay the costs at

both instances.

Pleas in law and main arguments

First plea: the Court of First Instance infringed its obligation to
state reasons by disregarding material parts of Mr Blom's plead-
ings at first instance.

Second plea: The Court wrongly failed to appreciate that the
Institutions have expressly and unconditionally recognised the
Community's liability towards producers in the position of Mr
Blom. The Court also wrongly held that he cannot derive any
right from the position adopted by the Institutions, extra-judi-
cially and before the courts, for the simple reason that he did
not accept the quantity under Regulation No 2187/93. (1)

The Court disregarded the principle of protection of legitimate
expectations by failing to infer from Mr Blom's receipt of a
specific reference quantity that,
to the
contrary, he intended to resume production after the expiry of
the non-marketing undertaking. The Court's finding that he did
not have that intention is also incomprehensible, at any rate,
insufficiently reasoned, and incorrectly applies the principle of
the protection of legitimate expectations.

to proof

subject

(1) Council Regulation (EEC) No 2187/93 of 22 July 1993 providing
for an offer of compensation to certain producers of milk and milk
products temporarily prevented from carrying on their trade (OJ
1993 L 196, p. 6).

Appeal brought on 4 September 2006 by Markku Sahl-
stedt, Juha Kankkunen, Mikko Tanner, Toini Tanner, Liisa
Tanner, Eeva Jokinen, Aili Oksanen, Olli Tanner, Leena
Tanner, Aila Puttonen, Risto Tanner, Tom Järvinen, Runo
K. Kurko, Maa- ja metsätaloustuottajain keskusliitto MTK
ry and MTK:n säätiö against the judgment delivered on 22
June 2006 in Case T-150/05 Markku Sahlstedt and Others
v Commission of the European Communities

(Case C-362/06P)

(2006/C 261/24)

Language of the case: Finnish

Parties

Appellants: Markku Sahlstedt, Juha Kankkunen, Mikko Tanner,
Toini Tanner, Liisa Tanner, Eeva Jokinen, Aili Oksanen, Olli
Tanner, Leena Tanner, Aila Puttonen, Risto Tanner, Tom
Järvinen, Runo K. Kurko, Maa- ja metsätaloustuottajain keskus-
liitto MTK ry, MTK:n säätiö (represented by K. Marttinen, asia-
najaja)

Other parties to the proceedings: Commission of the European
Communities, Republic of Finland