Case T-195/11, T-458/11, T-448/12 and T-41/13: Judgment of the General Court of 18 March 2015 — Cahier and Others v Council and Commission (Non-contractual liability — Prohibition for producers of wine obtained from dual-purpose vine varieties from themselves distilling spirits from quantities of wine obtained from dual-purpose vine varieties produced in excess of the quantity normally produced — Application of that legislation by national authorities)
Date: 2015-03-18
Institutions: General Court
Subjects: France, beverage industry, common organisation of markets, damages, distillation, viticulture, wine








C_2015146EN.01003401.xml










4.5.2015   


EN


Official Journal of the European Union


C 146/34





Judgment of the General Court of 18 March 2015 — Cahier and Others v Council and Commission
(Case T-195/11, T-458/11, T-448/12 and T-41/13) (1)

((Non-contractual liability - Prohibition for producers of wine obtained from dual-purpose vine varieties from themselves distilling spirits from quantities of wine obtained from dual-purpose vine varieties produced in excess of the quantity normally produced - Application of that legislation by national authorities))
(2015/C 146/45)
Language of the case: French

Parties


Applicants: Jean-Marie Cahier (Montchaude, France) and the other applicants whose names are annexed to the judgment (represented by: C.-É. Gudin, lawyer)

Defendants: Council of the European Union and European Commission (represented by: in Cases T-195/11 and T-458/11, initially É. Sitbon and P. Mahnič Bruni, then É. Sitbon et S. Barbagallo, in Case T-448/12, initially E. Karlsson and É. Sitbon, then E. Karlsson and A. Westerhof Löfflerová and finally E. Karlsson and S. Barbagallo and, in Case T-41/13, S. Barbagallo and E. Karlsson, acting as Agents); and European Commission (represented by: in Case T-195/11, initially D. Bianchi, B. Schima and M. Vollkommer, then D. Bianchi and B. Schima, in Case T-458/11, B. Schima, in Case T-448/12, I. Galindo Martin and B. Schima and, in Case T-41/13, initially A. Marcoulli and B. Schima, then D. Bianchi, B. Schima and A. Marcoulli, acting as Agents)

Re:

Applications for damages for harm that the applicants claim to have suffered as a result of judicial actions and convictions to which they were subject in France, on the ground that they failed to conform, over the course of several wine years, with the compulsory distillation mechanism established by Article 28 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ 1999 L 179, p. 1), and implemented by Commission regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (OJ 2000 L 194, p. 45).

Operative part of the judgment

The Court:






1.


Orders that Cases T-195/11, T-458/11, T-448/12 and T-41/13 be joined for the purposes of judgment;










2.


Dismisses the actions;










3.


Orders Jean-Marie Cahier and the other applicants whose names are annexed to the judgment to bear their own costs relating to the main proceedings as well as those incurred by the Council of the European Union and the European Commission;










4.


Orders Jean-Marie Cahier and the other applicants in Case T-195/11 to bear their own costs relating to the proceedings for interim measures in Case T-195/11 R;










5.


Orders the French Republic to bear its own costs.






(1)  OJ C 173, 11.6.2011.