CELEX: C2002/118/34
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court of first instance 7 February 2002 in Case T-187/94: Theresia Rudolph 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)

C 118/22                 EN                      Official Journal of the European Communities                                         18.5.2002
                                                           COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                       1977 introducing a system of premiums for the non-marketing
                                                                                  of milk and milk products and for the conversion of dairy herds,
                                                                                  did not deliver milk during the reference year opted for by the
                          7 February 2002                                         Member State concerned;
in Case T-187/94: Theresia Rudolph v Council of the                         2.    Declares that the period in respect of which the applicant must
European Union and Commission of the European Com-                                be compensated for the losses sustained as a result of the
                             munities (1)                                         application of Regulation No 857/84 is that beginning on
                                                                                  5 August 1987 and ending on 28 March 1989;
(Action for damages — Non-contractual liability — Milk —                    3.    Orders the parties to forward to the Court, within six months
Additional levy — Reference quantity — Regulation (EC)                            of this judgment, particulars of the amounts to be paid,
No 2187/93 — Compensation for producers — Interruption                            established by mutual agreement;
                      of the limitation period)
                                                                            4.    Orders the parties, in the absence of such agreement, to submit
                                                                                  to the Court within the same period their quantified claims;
                           (2002/C 118/34)
                                                                            5.    Reserves the costs.
                    (Language of the case: German)
                                                                            (1) OJ C 174 of 25.6.1994.
In Case T-187/94, Theresia Rudolf, residing in Rasdorf-
Grüsselbach (Germany), represented by B. Meisterernst,
M. Düsing, D. Mannstetten, F. Schulze and C.-H. Husemann,
lawyers, with an address for service in Luxembourg, v Council
of the European Union (Agent: A.-M. Colaert) and Commission                     JUDGMENT OF THE COURT OF FIRST INSTANCE
of the European Communities (Agents: D. Booß, M. Niejahr,
H.-J. Rabe and M. Núñez-Müller): Application for compen-
sation under Article 178 and the second paragraph of                                                  7 February 2002
Article 215 of the EC Treaty (now Article 235 EC and the
second paragraph of Article 288 EC) for damage suffered by                  in Case T-199/94: Hans-Walter Gosch v Commission of
the applicant as a result of her having been prevented from                                  the European Communities (1)
marketing milk by virtue of Council Regulation (EEC) No 857/
84 of 31 March 1984 adopting general rules for the application
                                                                            (Action for damages — Non-contractual liability — Milk —
of the levy referred to in Article 5c of Regulation (EEC)
                                                                            Additional levy — Reference quantity — Producer who
No 804/68 in the milk and milk products sector (OJ 1984
                                                                            has entered into a non-marketing undertaking — Non-
L 90, p. 13), as supplemented by Commission Regulation
                                                                               resumption of production on expiry of the undertaking)
(EEC) No 1371/84 of 16 May 1984 laying down detailed rules
for the application of the additional levy referred to in
Article 5c of Regulation (EEC) No 804/68 (OJ 1984 L 132,                                              (2002/C 118/35)
p. 11), Court of First Instance (Fourth Chamber), composed of:
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,                                        (Language of the case: German)
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 7 February 2002, in which it:
                                                                            In Case T-199/94, Hans-Walter Gosch, residing in Högersdorf
1.    Declares that the defendants are bound to make good the               (Germany), represented by D. Hansen and S. Vieregge, lawyers,
      damage sustained by the applicant as a result of the application      with an address for service in Luxembourg, v Commission of
      of Council Regulation (EEC) No 857/84 of 31 March 1984                the European Communities (Agents: D. Booß, M. Niejahr
      adopting general rules for the application of the levy referred to    and M. Núñez-Müller): Application for compensation under
      in Article 5c of Regulation (EEC) No 804/68 in the milk               Article 178 and the second paragraph of Article 215 of the EC
      and milk products sector, as supplemented by Commission               Treaty (now Article 235 EC and the second paragraph of
      Regulation (EEC) No 1371/84 of 16 May 1984 laying down                Article 288 EC) for damage suffered by the applicant as a
      detailed rules for the application of the additional levy referred    result of his having been prevented from marketing milk by
      to in Article 5c of Regulation (EEC) No 804/68, in so far as          virtue of Council Regulation (EEC) No 857/84 of 31 March
      those regulations did not make provision for the allocation of a      1984 adopting general rules for the application of the levy
      reference quantity to producers who, pursuant to an undertaking       referred to in Article 5c of Regulation (EEC) No 804/68 in the
      given under Council Regulation (EEC) No 1078/77 of 17 May             milk and milk products sector (OJ 1984 L 90, p. 13),