OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR COMPENSATION PURSUANT TO ARTICLE 215 OF THE EEC TREATY FOR THE DAMAGE CAUSED TO THE APPLICANTS BY THE FACT THAT THE COMMISSION REFRAINED FROM APPLYING THE PROVISIONS OF ARTICLES 46 AND 93 OF THE EEC TREATY , ARTICLES 130 AND 131 OF THE ACT OF ACCESSION OF GREECE AND REGULATIONS NOS 17/62 AND 26/62 OF THE COUNCIL TO STOP GREEK EXPORTS OF POTATOES ,
Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 23 OCTOBER 1983 , THE GROUPEMENT DES ASSOCIATIONS AGRICOLES POUR L ' ORGANISATION DE LA PRODUCTION ET DE LA COMMERCIALISATION DES POMMES DE TERRE ET LEGUMES DE LA REGION MALOUINE ( GAARM ), OF SAINT-MELOIR-DES-ONDES , AND 18 OTHER ASSOCIATIONS OF FRENCH NEW POTATO PRODUCERS BROUGHT AN ACTION FOR DAMAGES UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY .
2 THE APPLICANTS SEEK COMPENSATION FOR THE DAMAGE WHICH THEY CLAIM TO HAVE SUFFERED AS A RESULT OF THE FACT THAT THE COMMISSION REFRAINED , IN THEIR VIEW WRONGLY , FROM ADOPTING THE NECESSARY MEASURES EITHER TO STOP IMPORTS OF GREEK NEW POTATOES ON TO THE GERMAN , UNITED KINGDOM AND FRENCH MARKETS OR TO OBLIGE THE GREEK GOVERNMENT TO SUSPEND THE AID GRANTED BY IT FOR THE EXPORT OF NEW POTATOES . THEY CONSIDER THAT THE COMMISSION ' S INACTION CAUSED PRICES TO FALL ON THE ABOVE-MENTIONED MARKETS BY REASON OF THE LARGE QUANTITIES OF GREEK NEW POTATOES WHICH WERE IMPORTED ON TO THOSE MARKETS AND THEREFORE CAUSED SERIOUS DAMAGE TO THE APPLICANTS , WHO WERE NO LONGER ABLE TO SELL FRENCH POTATOES ON THOSE MARKETS AND WERE OBLIGED TO DESTROY THEM .
3 THE COMMISSION HAS OBJECTED THAT THE APPLICATION IS INADMISSIBLE ON THE GROUND THAT THE APPLICANT ASSOCIATIONS , WHICH HAVE NOT PROVED THAT THEY ARE PRODUCERS OR PRODUCTION COOPERATIVES , ARE IN FACT SEEKING TO ENFORCE A COLLECTIVE RIGHT TO COMPENSATION FOR DAMAGE TO THE FINANCIAL INTERESTS OF THE INDIVIDUAL PRODUCERS MAKING UP THEIR MEMBERSHIP , WHEREAS ACCORDING TO THE CASE-LAW OF THE COURT NO SUCH RIGHT EXISTS ( JUDGMENT OF 18 MARCH 1975 IN CASE 72/74 , UNION SYNDICALE V COUNCIL , ( 1975 ) ECR 401 ).
4 IT IS NOT , HOWEVER , APPARENT FROM THE APPLICANT ' S CLAIMS THAT THEY PURPORT TO ACT IN THE CAPACITY OF PRODUCERS NOR IS IT POSSIBLE TO INFER THAT CAPACITY FROM THE INSTRUMENTS CONSTITUTING AND REGULATING THEM , WHICH WERE PRODUCED TO THE COURT . ON THE OTHER HAND THEY HAVE STATED THAT THEY ARE PRODUCERS ' ASSOCIATIONS WHICH ACQUIRE PRODUCE FROM THE GROWERS AND SELL IT ON THE WHOLESALE MARKETS . THEY HAVE ALSO STATED THAT THEY ARE SEEKING COMPENSATION NOT FOR THE DAMAGE SUFFERED BY THE ASSOCIATED PRODUCERS AS A WHOLE , BUT FOR THE DAMAGE WHICH THEY THEMSELVES HAVE SUFFERED .
5 IN THOSE CIRCUMSTANCES , IT CANNOT BE DENIED THAT THE APPLICANTS ARE ENTITLED TO