CELEX: C2001/227/10
Language: en
Date: 2001-08-11 00:00:00
Title: Case C-163/01 P: Appeal brought on 13 April 2001 by B.M.J.B. Beusmans against the judgment delivered on 31 January 2001 by the Fourth Chamber of the Court of First Instance of the European Communuties in Case T-73/94 between, on the one hand, B.M.J.B. Beusmans and, on the other, the Council of the European Union and the Commission of the European Communities

11.8.2001              EN                    Official Journal of the European Communities                                         C 227/7
      might be manifested. It is striking to note the importance        European Communities in Case T-73/94 between, on the one
      attached by the Court of Justice to the fact that in 1989,        hand, B.M.J.B. Beusmans and, on the other, the Council of
      immediately after being granted a provisional reference           the European Union and the Commission of the European
      quantity, the four producers concerned resumed milk               Communities was brought before the Court of Justice of
      production. That circumstance is totally disregarded in           the European Communities on 13 April 2001 by B.M.J.M.
      the considerations of the Court of First Instance as              Beusmans, represented by E.H. Pijnacker Hordijk, advocaat,
      contained in the contested judgment. For the rest, it             ther other parties to the proceedings being the Council of
      should be noted that, in its interim judgment in Mulder II,       the European Union, represented by A.M. Colaert, and the
      the Court of Justice did not deal at all with the specific        Commission of the European Communities, represented by
      issues concerning the SLOM 83 producers.                          T. van Rijn.
—     The Court of First Instance incorrectly allocated the             The appellant claims that the Courts should:
      burden of proof, or at least imposed on Mr Bouma a
      burden of proof which is legally impermissible: prior to          —     set aside the judgment delivered by the Court of First
      the entry into force of Regulation No 857/84, a SLOM                    Instance on 31 January 2001 in Case T-73/94 (1);
      producer in Mr Bouma’s situation could not assume that,           —     refer the case back to the Court of First Instance;
      if he did not resume production before 1 April 1984, he
      might forfeit, definitively and completely, his right to a        —     order the Council and the Commission to pay the costs
      reference quantity — or to alternative compensation. The                of the proceedings before both Courts.
      imposition of the burden of showing ‘that he had the
      intention of resuming milk production upon the expiry
                                                                        Pleas in law and main arguments
      of his non-marketing undertaking and that he found it
      impossible to do so owing to the entry into force of
      Regulation No 857/84’ necessarily means that Mr Bouma             The pleas in law and main arguments are analogous to those
      is faced, retroactively, with the consequences of the entry       in Case C-162/01 P.
      into force of that regulation.
                                                                        (1) OJ 1994 C 90, p. 25.
      A Community citizen in the position of Mr Bouma
      cannot reasonably be expected, some 17 to 18 years after
      the material time, still to have at his disposal written
      evidence concerning the management of his holding                 Appeal brought on 13 April 2001 by G. van den Berg
      during a period in the distant past — a fortiori since in no      against the judgment delivered on 31 January 2001 by the
      previous judgment of the Court of Justice or the Court of         Fourth Chamber of the Court of First Instance of the
      First Instance was any relevance attached to evidence             European Communities in Case T-143/97 between, on the
      concerning the points which the Court of First Instance           one hand, G. van den Berg and, on the other, the Council
      now regards as crucial.                                           of the European Union and the Commission of the
                                                                                            European Communities
—     The Court of First Instance set out and assessed the
      relevant facts in such an erroneous and biased manner                                    (Case C-164/01 P)
      that its judgment cannot be regarded as consistent with
      the obligation to provide reasons or the principle of
                                                                                                 (2001/C 227/11)
      objectivity.
                                                                        An appeal against the judgment delivered on 31 January 2001
(1) OJ 1993 C 334, p. 17.                                               by the Fourth Chamber of the Court of First Instance of the
(2) Judgment of 11 December 1990 in Case C-189/89.                      European Communities in Case T-143/97 between, on the one
(3) OJ 1984 L 148, p. 13.                                               hand, G. van den Berg and, on the other, the Council of
                                                                        the European Union and the Commission of the European
                                                                        Communities was brought before the Court of Justice of the
                                                                        European Communities on 13 April 2001 by G. van den Berg,
Appeal brought on 13 April 2001 by B.M.J.B. Beusmans                    represented by E.H. Pijnacker Hordijk, advocaat, the other
against the judgment delivered on 31 January 2001 by the                parties to the proceedings being the Council of the European
Fourth Chamber of the Court of First Instance of the                    Union, represented by A.M. Colaert, and the Commission of
European Communuties in Case T-73/94 between, on the                    the European Communities, represented by T. van Rijn.
one hand, B.M.J.B. Beusmans and, on the other, the                      The appellant claims that the Court s hould:
Council of the European Union and the Commission of
                   the European Communities                             —     set aside the judgment delivered by the Court of First
                                                                              Instance on 31 January 2001 in Case T-143/97 (1);
                        (Case C-163/01 P)                               —     refer the case back to the Court of First Instance for
                                                                              further determination of the action brought by the
                         (2001/C 227/10)                                      appellant before the Court of First Instance on 29 April
                                                                              1997;
An appeal against the judgment delivered on 31 January 2001             —     order the Council and the Commission to pay the costs
by the Fourth Chamber of the Court of First Instance of the                   of the proceedings before both Courts.