CELEX: C2001/134/31
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 31 January 2001 in Case T-76/94: Rendert Jansma v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producer having entered into a non-marketing undertaking — Sale of the SLOM holding — Limitation period)

5.5.2001                EN                      Official Journal of the European Communities                                          C 134/15
   JUDGMENT OF THE COURT OF FIRST INSTANCE                                 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
                        of 31 January 2001                                       11 December 1988 and ending on the date of delivery of this
                                                                                 judgment. That amount must include the purchase price of a
                                                                                 reference quantity equivalent to the one the applicant should
in Case T-76/94: Rendert Jansma v Council of the Euro-                           have obtained pursuant to Regulation No 857/84;
pean Union and Commission of the European Communi-
                               ties (1)                                    3.    Orders the parties to forward to the Court, within six months
                                                                                 of this judgment, particulars of the amounts to be paid,
                                                                                 established by mutual agreement;
(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having                     4.    Orders the parties, in the absence of an agreement, to submit
entered into a non-marketing undertaking — Sale of the                           to the Court within the same period their quantified claims;
             SLOM holding — Limitation period)
                                                                           5.    Reserves the costs.
                          (2001/C 134/31)
                                                                           (1) OJ C 90 of 26.3.94.
                    (Language of the case: Dutch)
In Case T-76/94: Rendert Jansma, residing in Engelbert (Nether-
lands), represented by E.H. Pijnacker Hordijk and H.J. Bronk-
horst, of the Amsterdam Bar, with an address for service in                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Luxembourg at the Chambers of L. Frieden, 62 Avenue
Guillaume, against Council of the European Union (Agent:                                         of 30 November 2000
A.-M. Colaert) and Commission of the European Communities
(Agents: T. van Rijn and H.-J. Rabe) — application for
compensation under Article 178 and the second paragraph of                 in Case T-5/97: Industrie des Poudres Sphériques v
Article 215 of the EC Treaty (now Article 235 EC and the                           Commission of the European Communities (1)
second paragraph of Article 288 EC) for damage suffered by
the applicant as a result of his having been prevented                     (Competition — Action for annulment — Rejection of a
from marketing milk by virtue of Council Regulation (EEC)                  complaint — Article 86 of the EC Treaty (now Article 82
No 857/84 of 31 March 1984 adopting general rules for the                  EC) — Misuse of the anti-dumping procedure — Statement
application of the levy referred to in Article 5c of Regulation                           of reasons — Rights of the defence)
(EEC) No 804/68 in the milk and milk products sector (OJ
1984 L 90, p. 13), as supplemented by Commission Regulation                                          (2001/C 134/32)
(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,                                       (Language of the case: French)
p. 11) — the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, R.M. Moura Ramos and                     In Case T-5/97: Industrie des Poudres Sphériques,established
P. Mengozzi, Judges; J. Palacio González, Administrator, for              in Annemasse (France), represented by C. Momège, of the Paris
the Registrar, has given a judgment on 31 January 2001, in                 Bar, with an address for service in Luxembourg at the
which it:                                                                  Chambers of A. May, 398 Route d’Esch, against Commission
                                                                           of the European Communities (Agents: F. Mascardi and
1.   Declares that the defendants are bound to make good the               A. Carnelutti ) supported by Péchiney Électrométallurgie,
     damage sustained by the applicant as a result of the application      established in Courbevoie (France), represented by J.-P. Gunther
     of Council Regulation (EEC) No 857/84 of 31 March 1984                and O. Prost, of the Paris Bar, with an address for service in
     adopting general rules for the application of the levy referred to    Luxembourg at the Chambers of Loesch and Wolter, 11 Rue
     in Article 5c of Regulation (EEC) No 804/68 in the milk               Goethe — application for annulment of the Commission
     and milk products sector, as supplemented by Commission               decision of 7 November 1996, rejecting the applicant’s request
     Regulation (EEC) No 1371/84 of 16 May 1984 laying down                for a finding that an infringement of Article 86 of the EC
     detailed rules for the application of the additional levy referred    Treaty (now Article 82 EC) had allegedly been committed by
     to in Article 5c of Regulation (EEC) No 804/68, in so far as          Péchiney Electrométallurgie (Case No IV/35.151./E-I IPS/Péchi-
     those regulations did not make provision for the allocation of a      ney Électrométallurgie) — the Court of First Instance (Fifth
     reference quantity to producers who, pursuant to an undertaking       Chamber, Extended Composition), composed of: R. Garcı́a-
     given under Council Regulation (EEC) No 1078/77 of 17 May             Valdecasas, President, P. Lindh, J.D. Cooke, M. Vilaras and
     1977 introducing a system of premiums for the non-marketing           N. Forwood, Judges; G. Herzig, Administrator, for the Registrar,
     of milk and milk products and for the conversion of dairy herds,      has given a judgment on 30 November 2000, in which it:
     did not deliver milk during the reference year opted for by the
     Member State concerned;                                               1.    Dismisses the application;