Case T-8/95 and T-9/95: Judgment of the Court of First Instance of 27 September 2007 — Pelle and Konrad v Council of the European Union and the Commission of the European Communities (Non-contractual liability — Milk — Additional levy — Reference quantity — Regulation (EEC) No 2187/93 — Compensation of producers — Suspension of limitation)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: cattle, indemnification, milk, milk product, non-marketing premium, redirection of production, ruling

C 269/42

EN

Official Journal of the European Union

10.11.2007

Appeal Chamber

(2007/C 269/73)

The President of the Court of First Instance may derogate
from the rotas on the ground that cases are related or with a
view to ensuring an even spread of the workload.

On 19 September 2007, the Court of First Instance decided
that, for the period from 25 September 2007 to 30 September
2008, the Appeal Chamber will be composed of the President
of the Court and, in rotation, four Presidents of Chambers.

Criteria for assigning cases to Chambers

(2007/C 269/74)

On 25 September 2007, the Court of First Instance laid down
the following criteria for the assignment of cases to the Cham-
bers for the period from 25 September 2007 to 30 September
2008, in accordance with Article 12 of the Rules of Procedure:

1. Appeals against the decisions of the Civil Service Tribunal
shall be assigned to the Appeal Chamber as soon as the
application has been lodged and without prejudice to any
subsequent application of Articles 14 and 51 of the Rules of
Procedure.

2. Cases other than those referred to in paragraph 1 above shall
be assigned to Chambers of three Judges as soon as the
application has been lodged and without prejudice to any
subsequent application of Articles 14 and 51 of the Rules of
Procedure.

Designation of the Judge replacing the President as the
Judge hearing applications for interim measures

(2007/C 269/75)

On 19 September 2007, the Court of First Instance decided, in
accordance with Article 106 of the Rules of Procedure, to desig-
nate Judge Cooke to replace the President of the Court for the
purpose of deciding applications for interim measures where the
latter is absent or prevented from dealing with them, in respect
of the period from 18 September 2007 to 30 September 2008.

However, as regards applications for interim measures in respect
of which a hearing was held and/or inquiry completed before
17 September 2007, the Judge designated to hear applications
for interim measures during the period from 1 October 2006 to
17 September 2007 (OJ 2006 C 190, p. 15, and OJ 2007
C 155, p. 19) shall remain empowered to sign orders in those
cases after 17 September 2007.

Judgment of the Court of First Instance of 27 September
2007 — Pelle and Konrad v Council of the European
Union and the Commission of the European Communities

(Case T-8/95 and T-9/95) (1)

(Non-contractual
levy —
Reference quantity — Regulation (EEC) No 2187/93 —
Compensation of producers — Suspension of limitation)

liability — Milk — Additional

Cases referred to in this paragraph shall be allocated to the
Chambers in turn,
in accordance with the date on which
they are registered at the Registry, following three separate
rotas:

(2007/C 269/76)

Language of the case: German

— for cases concerning application of the competition rules
applicable to undertakings, the rules on State aid and the
rules on trade protection measures;

Parties

— for cases concerning the intellectual property rights
referred to in Article 130(1) of the Rules of Procedure;

— for all other cases.

In applying those rotas, the two Chambers sitting with three
Judges which are composed of four Judges shall be taken
into consideration twice at each third turn.

Applicants: Wilhelm Pelle (Kluse-Ahlen, Germany) and Ernst-
Reinhard Konrad (Löllbach, Germany)
(represented by: B.
Meisterernst, M. Düsing, D. Manstetten, F. Schulze and W.
Haneklaus, lawyers)

Defendants: Council of the European Union (represented initially
by A. Brautigam and A.-M. Colaert, and subsequently by A.-M.
Colaert, agents) and the Commission of the European Commu-
nities (represented by B. Booß and M. Niejahr, agents, and subse-
quently by T. van Rijn and M. Niejahr, assisted initially by H.-J.
Rabe, G. Berrisch and M. Núñez-Müller, lawyers)

10.11.2007

EN

Official Journal of the European Union

C 269/43

Re:

for compensation under Article 178 of

the
Applications
EC Treaty (now Article 235 EC) and under the second para-
graph of Article 215 of the EC Treaty (now the second para-
graph of Article 288 EC) for damage allegedly suffered by the
applicants 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 Council
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 No 804/68 (OJ 1984 L 132,
p. 11).

Operative part of the judgment

The Court:

1. Orders the Council and the Commission to make good the damage
suffered by Wilhelm Pelle and Ernst-Reinhard Konrad 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
in so far as those
Article 5c of Regulation (EEC) No 804/68,
regulations did not provide 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 any
milk during the reference year adopted by the Member State
concerned;

2. Orders that Wilhelm Pelle, applicant in Case T-8/95, be compen-
sated for losses suffered as a result of the application of Regulation
No 857/84 for the period commencing 5 December 1987 and
ending 28 March 1989;

3. Orders that Ernst-Reinhard Konrad, applicant in Case T-9/95, be
compensated for losses suffered as a result of the application of
Regulation No 857/84 for the period commencing 27 November
1986 and ending on 28 March 1989;

4. Requests the parties to inform the Court within six months from
the date of delivery of this judgment of the amounts of damages
agreed to be payable;

5. Orders that, in the absence of agreement, the parties shall transmit
to the Court within the same period a statement of their views with
supporting figures;

6. Reserves the costs.

(1) OJ C 132, 28.5.2005.

Judgment of the Court of First Instance (First Chamber) of
17 September 2007 — Akzo Nobel Chemicals Ltd and
Akcros Chemicals Ltd v Commission

(Joined Cases T-125/03 and T-253/03) (1)

(Competition — Administrative procedure — Commission's
powers of investigation — Documents seized in the course of
an investigation — Legal professional privilege protecting
clients —
communications between lawyers and their

Admissibility)

(2007/C 269/77)

Language of the case: English

Parties

Applicants: Akzo Nobel Chemicals Ltd (Hersham, Walton on
Thames, Surrey, United Kingdom), Akcros Chemicals Ltd
(Hersham) (represented by C. Swaak, M. Mollica and M. van der
Woude, lawyers)

Defendants: Commission of the European Communities (repre-
sented initially by R Wainwright and C. Ingen-Housz, and subse-
quently by F. Castillo de la Torre and X. Lewis, Agents),

the European Union (CCBE)

Interveners in support of the defendants: The Council of the Bars
(Brussels,
and Law Societies of
Belgium), (represented by J. Flynn QC); Algemene Raad van de
Nederlandse Orde van Advocaten (The Hague, Netherlands)
lawyers);
(represented by O. Brouwer and C. Schillemans,
(Brussels)
European Company Lawyers Association (ECLA)
lawyers, and
(represented by M. Dolmans, K. Nordlander,
J. Temple Lang, solicitor); American Corporate Counsel Associa-
tion (ACCA) — European Chapter (Paris, France) (represented by
G. Berrisch,
International Bar
Association (IBA) (London, United Kingdom) (represented by J.
Buhart, lawyer)

lawyer, and D. Hull, solicitor);

Re:

Application, first, for the annulment of Commission decision
C(2003) 559/4 of 10 February 2003 and, so far as necessary, of
Commission decision C(2003) 85/4 of 30 January 2003
ordering Akzo Nobel Chemicals Ltd, Akcros Chemicals Ltd and
Akcros Chemicals and their respective subsidiaries to submit to
an investigation on the basis of Article 14(3) of Regulation
No 17 of 6 February 1962, First Council Regulation imple-
menting Articles [81 EC] and [82 EC] (OJ, English Special
Edition 1959-1962, p. 87) (Case COMP/E-1/38.589) and for an
order requiring the Commission to return certain documents
seized in the course of the investigation in question and not to
use their contents (Case T-125/03) and, second, for the annul-
ment of Commission decision C(2003) 1533 final of 8 May
2003 rejecting a request for the protection of those documents
on grounds of legal professional privilege protecting communi-
cations between lawyers and their clients (Case T-253/03).