CELEX: C2002/118/36
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court of first instance 7 February 2002 in Case T-201/94: Erwin Kustermann v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Regulation (EC) No 2187/93 — Compensation for producers — Interruption of the limitation period)

18.5.2002              EN                     Official Journal of the European Communities                                            C 118/23
as supplemented by Commission Regulation (EEC) No 1371/                  1.    Declares that the defendants are bound to make good the
84 of 16 May 1984 laying down detailed rules for the                           damage sustained by the applicant as a result of the application
application of the additional levy referred to in Article 5c of                of Council Regulation (EEC) No 857/84 of 31 March 1984
Regulation (EEC) No 804/68 (OJ 1984 L 132, p. 11), Court of                    adopting general rules for the application of the levy referred to
First Instance (Fourth Chamber), composed of: P. Mengozzi,                     in Article 5c of Regulation (EEC) No 804/68 in the milk
President, V. Tilli and R. M. Moura Ramos, Judges; D. Christens-               and milk products sector, as supplemented by Commission
en, Administrator, for the Registrar, has given a judgment on                  Regulation (EEC) No 1371/84 of 16 May 1984 laying down
7 February 2002, in which it:                                                  detailed rules for the application of the additional levy referred
                                                                               to in Article 5c of Regulation (EEC) No 804/68, in so far as
1.    Dismisses the application;                                               those regulations did not make provision 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
2.    Orders the applicant to pay the costs.
                                                                               1977 introducing a system of premiums for the non-marketing
                                                                               of milk and milk products and for the conversion of dairy herds,
(1) OJ C 218 of 6.8.1994.                                                      did not deliver milk during the reference year opted for by the
                                                                               Member State concerned;
                                                                         2.    Declares that the period in respect of which the applicant must
                                                                               be compensated for the losses sustained as a result of the
                                                                               application of Regulation No 857/84 is that beginning on
                                                                               5 August 1987 and ending on 28 March 1989;
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              3.    Orders the parties to forward to the Court, within six months
                                                                               of this judgment, particulars of the amounts to be paid,
                         7 February 2002                                       established by mutual agreement;
                                                                         4.    Orders the parties, in the absence of such agreement, to submit
in Case T-201/94: Erwin Kustermann v Council of the                            to the Court within the same period their quantified claims;
European Union and Commission of the European Com-
                            munities (1)                                 5.    Reserves the costs.
(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Regulation (EC)                   (1) OJ C 218 of 6.8.1994.
No 2187/93 — Compensation for producers — Interruption
                     of the limitation period)
                         (2002/C 118/36)
                   (Language of the case: German)                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   7 February 2002
In Case T-201/94, Erwin Kustermann, residing in Eggenthal
                                                                         in Case T-261/94: Bernhard Schulte v Council of the
(Germany), represented by H.-P. Ried, Y. Schur and R. Bruk-
                                                                         European Union and Commission of the European Com-
hardt, lawyers, with an address for service in Luxembourg, v
                                                                                                      munities (1)
Council of the European Union (agent: A.-M. Colaert) and
Commission of the European Communities (Agents: D. Booß,
M. Niejahr, H.-J. Rabe and M. Núñez-Müller): Application for           (Action for damages — Non-contractual liability — Milk —
compensation under Article 178 and the second paragraph of               Additional levy — Reference quantity — Regulation (EC)
Article 215 of the EC Treaty (now Article 235 EC and the                 No 2187/93 — Compensation for producers — Act of the
second paragraph of Article 288 EC) for damage suffered by                               national authorities — Limitation)
the applicant as a result of his having been prevented from
marketing milk by virtue of Council Regulation (EEC)                                                (2002/C 118/37)
No 857/84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of Regulation                              (Language of the case: German)
(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        In Case T-261/94, Bernhard Schulte, residing in Delbrück
5c of Regulation (EEC) No 804/68 (OJ 1984 L 132, p. 11),                 (Germany), represented by R. Freise, lawyer, v Council of the
Court of First Instance (Fourth Chamber), composed of:                   European Union (agents: A.-M. Colaert and M. Núñez-Müller)
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,                  and Commission of the European Communities (Agents:
Judges; D. Christensen, Administrator, for the Registrar, has            D. Booß, M. Niejahr and M. Núñez-Müller): Application for
given a judgment on 7 February 2002, in which it:                        compensation under Article 178 and the second paragraph of