AS DEPUTY AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS EMBASSY ,
INTERVENER ,
Subject of the case
APPLICATION FOR COMPENSATION FOR DAMAGE UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY BASED ON THE NON- CONTRACTUAL LIABILITY OF THE COMMUNITY .
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 4 MAY 1981 JULIUS KIND KG , A SUPPLY BUTCHER ESTABLISHED IN GREVENBROICH IN THE FEDERAL REPUBLIC OF GERMANY , BROUGHT AN ACTION UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY FOR COMPENSATION FOR THE LOSS SUFFERED BY ITS BUSINESS AS A RESULT OF THE PROVISIONS OF ARTICLE 9 ( 3 ) OF COUNCIL REGULATION ( EEC ) NO 1837/80 OF 27 JUNE 1980 ON THE COMMON ORGANIZATION OF THE MARKETS IN ' ' SHEEPMEAT ' ' AND GOATMEAT ( OFFICIAL JOURNAL L 183 , P . 1 ) IN THE CASE OF LAMB IMPORTED FROM THE UNITED KINGDOM AND AS A RESULT OF THE PROVISIONS CONTAINED IN ARTICLE 1 OF COMMISSION REGULATION ( EEC ) NO 3191/80 OF 9 DECEMBER 1980 ON TRANSITIONAL MEASURES CONCERNING NON-RECOVERY OF THE VARIABLE SLAUGHTER PREMIUM FOR ' ' SHEEPMEAT ' ' AND GOATMEAT PRODUCTS EXPORTED FROM THE COMMUNITY ( OFFICIAL JOURNAL L 332 , P . 14 ) IN THE CASE OF ITS EXPORTS OR OPPORTUNITIES FOR EXPORTS TO NON-MEMBER COUNTRIES .
2 THE APPLICANT SEEKS COMPENSATION AMOUNTING TO DM 375 000 , THE LOSS WHICH IT CONSIDERS IT INCURRED BETWEEN 20 OCTOBER 1980 , THE DATE OF THE ENTRY INTO EFFECT OF THE COMMON ORGANIZATION OF THE MARKETS IN MUTTON AND LAMB AND GOAT ' S MEAT , AND 31 MARCH 1981 , TOGETHER WITH INTEREST AT 10% TO RUN FROM THE DATE ON WHICH ITS APPLICATION WAS LODGED . FINALLY , IT REQUESTS FROM THE COURT A DECLARATION THAT IT IS ALSO ENTITLED TO COMPENSATION FOR LOSSES INCURRED BY IT AFTER 31 MARCH 1981 .
3 THE ACTION BASED ON NON-CONTRACTUAL LIABILITY BROUGHT BY JULIUS KIND KG IS FOUNDED UPON THE ALLEGED UNLAWFULNESS OF ARTICLE 9 OF COUNCIL REGULATION NO 1837/80 AND COMMISSION REGULATION NO 3191/80 .
4 BEFORE THE ENTRY INTO FORCE OF REGULATION NO 1837/80 THE MARKETS IN MUTTON AND LAMB IN THE COMMUNITY DIFFERED WIDELY FROM ONE MEMBER STATE TO ANOTHER . ACCORDING TO THE APPLICANT , THAT SITUATION ENABLED IT TO IMPORT FROM THE UNITED KINGDOM MUTTON AND LAMB AT PRICES WHICH WERE COMMERCIALLY ATTRACTIVE BY REASON OF THE AGRICULTURAL POLICY OF THE UNITED KINGDOM AND , IN PARTICULAR , BY REASON OF THE SUBSIDIES ( HEREINAFTER REFERRED TO AS ' ' DEFICIENCY PAYMENTS ' ' ) PAID BY IT TO ITS PRODUCERS .
5 THE COMMON ORGANIZATION OF THE MARKETS INTRODUCED IN 1980 IS INTENDED TO ASSIMILATE THE MARKETS IN THE DIFFERENT COMMUNITY REGIONS GRADUALLY IN ORDER TO ACHIEVE A UNIFORM MARKET AND A UNIFORM SYSTEM OF PRICES . REGULATION NO 1837/80 DIVIDES THE STATES OF THE COMMUNITY INTO FIVE