CELEX: C1997/181/22
Language: en
Date: 1997-06-14 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 April 1997 in Case T-541/93: James Connaughton and Others v. Council of the European Union (Action for annulment - Milk - Additional levy - Reference quantity - Producers who entered into non-marketing or conversion undertakings - Compensation - Regulation (EEC) No 2187/93 - Legal effects - Admissibility)

14 . 6 . 97            EN                   Official Journal of the European Communities                                No C 181/11
2 . orders the applicants to bear jointly and severally the               JUDGMENT OF THE COURT OF FIRST INSTANCE
     costs incurred by the defendant;
                                                                                               of 16 April 1997
                                                                       in Case T-541/93 : James Connaughton and Others v.
                                                                                      Council of the European Union f )
3.   orders the interveners to bear their own costs .
                                                                       (Action for annulment — Milk — Additional levy —
                                                                       Reference quantity — Producers who entered into non-
(') OJ No C 101 , 22 . 4 . 1995 .
                                                                       marketing or conversion undertakings — Compensation
                                                                       — Regulation (EEC) No 2187/93 — Legal effects —
                                                                                                 Admissibility)
                                                                                                 ( 97/C 181 /22 )
                                                                                        (Language of the case: English)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 15 April 1997
in Case T-390/94: Aloys Schröder, Jan and Karl-Julius                  In Case T-541/93 : James Connaughton, Thomas
Thamann v. Commission of the European Communities ( ! )                Fitzsimons and Patrick Griffin, residing respectively at
(Non-contractual liability of the Community — Control of               Kilbeggan, Askeaton and Clonmel ( Ireland ), represented
  classical swine fever in the Federal Republic of Germany)            by James O'Reilly SC, of the Irish Bar, and Philippa
                                                                       Watson, Barrister, of the Irish Bar, instructed by Oliver
                           ( 97/C 181 /21 )                            Ryan-Purcell , Solicitor, with an address for service in
                                                                       Luxembourg at the Fyfe Business Centre, 29 Rue Jean-
                                                                       Pierre Brasseur, against Council of the European Union,
                                                                        ( Agents : Arthur Brautigam and Michael Bishop ),
                (Language of the case: German)                         supported by Commission of the European Communities
                                                                        ( Agents: Gerard Rozet and Xavier Lewis ) and the United
                                                                       Kingdom of Great Britain and Northern Ireland ( Agents :
                                                                        initially John D. Colahan, subsequently S. T. Braviner) —
In Case T-390/94: Aloys Schröder, Jan and Karl-Julius                   application , pursuant to Article 173 of the EEC Treaty, for
Thamann, of Neuenkirchen ( Germany ), represented by                    annulment of Council Regulation ( EEC ) No 2187/93 of
Wilhelm Clages, Gerd Rentzmann and Rudolf Brenken,                      22 July 1993 providing for an offer of compensation to
Rechtsanwälte, Quakenbrück, with an address for service                 certain producers of milk and milk products temporarily
in Luxembourg at the Chambers of Michel Molitor, Pierre                 prevented from carrying on their trade . ( OJ No L 196 ,
Feltgen and Andre Harpes, 14a , rue des Bains, against                  1993 , p. 6 ), in particular Articles 8 and 14 thereof — the
Commission of the European Communities ( Agents :                       Court of First Instance ( First Chamber, Extended
 Claudia Schmidt and Georg M. Berrisch ) — application                  Composition ), composed of: A. Saggio, President, C. W.
for an award of damages under Article 178 and the                       Bellamy, A. Kalogeropoulos, V. Tiili and R. M. Moura
second paragraph of Article 215 of the EC Treaty against                Ramos, Judges; H. Jung, Registrar, has given a judgment
the Commission for damage allegedly suffered by the                     on 16 April 1997, in which it:
 applicants as a result of a series of decisions adopted by
the Commission to control classical swine fever in the
 Federal Republic of Germany — the Court of First
 Instance of the European Communities ( Fifth Chamber ),                 1 . dismisses the application as inadmissible;
 composed of R. García-Valdecasas, President, and J. Azizi
 and M. Jaeger, Judges, Registrar: A. Mair, Administrator,
 has given a judgment on 15 April 1997, in which it:
                                                                        2 . orders the applicants to bear their own costs and to
                                                                             pay those incurred by the Council;
 1 . dismisses the action;
                                                                         3 . orders the United Kingdom and the Commission to
                                                                             bear their own costs .
 2 . orders the applicants to pay the costs.
 (') OJ No C 392 , 31 . 12 . 1994 .                                      O OJ No C 319 , 26 . 11 . 1993 .