Case T-304/01: Judgment of the Court of First Instance of 13 December 2006 — Julia Abad Pérez and Others v Council of the European Union (Common agricultural policy — Animal health — Bovine spongiform encephalopathy — Legislation relating to protection of animal health and public health — Action for damages — Non-contractual liability — Causal link — Formal defects — Association of traders — Inadmissibility)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: Council of the European Union, EC action to establish liability, European Commission, Spain, bovine spongiform encephalopathy, cattle, livestock farming

30.12.2006

EN

Official Journal of the European Union

C 331/27

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 12 December
2006 — Werners v Council and Commission

Judgment of the Court of First Instance of 13 December
2006 — Julia Abad Pérez and Others v Council of the
European Union

(Case T-373/94) (1)

(Actions for damages — Non-contractual liability — Milk —
Additional
levy — Reference quantity — Producers who
entered into a non-marketing undertaking — SLOM 1984
producers — Failure to resume production on expiry of the
undertaking)

(Case T-304/01) (1)

(Common agricultural policy — Animal health — Bovine
spongiform encephalopathy — Legislation relating to protec-
tion of animal health and public health — Action for damages
— Non-contractual liability — Causal link — Formal defects
— Association of traders — Inadmissibility)

(2006/C 331/60)

Language of the case: Dutch

(2006/C 331/61)

Language of the case: Spanish

Parties

Parties

Applicant: R.W. Werners (Meppel, Netherlands) (represented by:
initially H. Bronkhorst and E. Pijnacker Hordijk,
lawyers, and
subsequently E. Pijnacker Hordijk)

Defendant: Council of the European Union (represented by: initi-
ally A. Brautigam and A.-M. Colaert, Agents, and subsequently
A.-M. Colaert,) and Commission of the European Communities
initially T. van Rijn, Agent, assisted by H.J.
(represented by:
Rabe, lawyer, and subsequently T. van Rijn)

Re:

Action for compensation pursuant to Article 178 of the EC
Treaty (now Article 235 EC) and the second paragraph of
Article 215 of the EC Treaty (now the second paragraph of
Article 288 EC) for the damage allegedly suffered by the appli-
cant by reason of the fact that he was prevented from marketing
milk in accordance with 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).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr R.W. Werners to pay the costs.

Applicants:
Julia Abad Pérez (El Barraco, Spain) and the 481
other applicants whose names are listed in the Annex to the
present judgment, Confederación de Organizaciones de Agricul-
tores y Ganaderos, established in Madrid, Spain) Unió de
Pagesos (Barcelona, Spain) (represented by: M. Roca Junyent, J.
Roca Sagarra, M. Pons de Vall Alomar and E. Sagarra Trias,
lawyers)

the European Union (represented by:
Defendants: Council of
initially by J. Carbery and F. Florindo Gijón, and subsequently
by F. Florindo Gijón and M. Balta, Agents) and Commission of
the European Communities (represented by: G. Berscheid and S.
Pardo Quintillán, Agents, assisted by J. Guerra Fernández,
lawyer)

Re:

Action for damages pursuant to Article 235 EC and the second
paragraph of Article 288 EC for reparation of the harm alleg-
edly suffered by the applicants due to acts and omissions on the
part of the Council and the Commission, following the appear-
ance of the disease bovine spongiform encephalopathy in Spain

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible in so far as it concerns the
Unió de Pagesos and la Confederación de Organizaciones de Agri-
cultores y Ganaderos;

2. Dismisses the remainder of the action as unfounded;

3. Orders the applicants to bear their own costs and to pay those

incurred by the Council and the Commission.

(1) OJ C 370, 24.12.1994.

(1) OJ C 56, 2.3.2002.