CELEX: C1997/199/01
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 April 1997 in Case C-15/95 (reference for a preliminary ruling from the Tribunal de Grande Instance, Morlaix): EARL de Kerlast v. Union Régionale de Coopératives Agricoles (Unicopa) and Coopérative du Trieux (Additional levy on milk - Reference quantity - Conditions governing transfer - Temporary transfer - Société en participation formed between producers)

28 . 6 . 97          I EN 1               Official Journal of the European Communities                                No C 199/1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  Sixth Chamber, C. N. Kakouris, P. J. G. Kapteyn, G.
                                                                      Hirsch ( Rapporteur) and H. Ragnemalm, Judges; D. Ruiz­
                        ( Sixth Chamber)
                                                                      Jarabo Colomer, Advocate-General; H. von Holstein,
                        of 17 April 1997                              Deputy Registrar, has given a judgment on 17 April 1997,
                                                                      in which it has ruled :
in Case C-15/95 (reference for a preliminary ruling from
the Tribunal de Grande Instance, Morlaix): EARL de
Kerlast v. Union Régionale de Coopératives Agricoles                  1 . Article 7 of Council Regulation (EEC) No 857/84 of
            (Unicopa) and Coopérative du Trieux (')                       31 March 1984 adopting general rules for the
                                                                          application of the levy referred to in Article 5c of
(Additional levy on milk — Reference quantity —                           Regulation (EEC) No 804/68 in the milk and milk
Conditions governing transfer — Temporary transfer —                      products sector must be interpreted as meaning that
     Societe en participation formed between producers)                   the formation of a company under national law may
                          ( 97/C 199/01                                   not be equated to a lease if its purpose and effect are
                                                                          to realize — by transferring only the reference
                                                                          quantities of one of its members, without transferring
                                                                          the land of the holding to which they are attached —
                 (Language of the case: French)                           the marketable value of those quantities for the benefit
                                                                          of some of those members and if those members, in
                                                                          their capacity as producers, do not have the intention
                                                                          of continuing to operate the holding. Equally, Article 7
  (Provisional translation; the definitive translation will be            of Regulation (EEC) No 857/84 cannot apply to the
          published in the European Court Reports)                        formation of such a type of company viewed as a
                                                                          required structural adjustment within the meaning of
                                                                          Article 5c of Regulation (EEC) No 804/68 of the
In Case C- 15/95 : reference to the Court under Article 177               Council of 27 June 1968 on the common organization
of the EC Treaty by the Tribunal de Grande Instance,                      of the market in milk and milk products, as amended
Morlaix, France, for a preliminary ruling in the                          by Council Regulation (EEC) No 856/84 of 31 March
                                                                          1984 .
proceedings pending before that court between, on the one
hand, EARL de Kerlast and on the other hand Union
Regionale de Cooperatives Agricoles ( Unicopa ) and
Cooperative du Trieux — on the interpretation of                      2 . Article 12 (c) of Regulation (EEC) No 857/84 must be
Article 40 ( 3 ) of the EC Treaty, Article 1 of Council                   interpreted as requiring in principle actual resumption
Regulation ( EEC ) No 856/84 of 31 March 1984 amending                    of production by the person concerned.
Regulation ( EEC ) No 804/68 on the common organization
of the market in milk and milk products ( OJ No L 90,
1 . 4 . 1984, p. 10 ) and Articles 3a, 7 and 12(c ) of Council        3 . The second subparagraph of Article 40 (3) of the
Regulation ( EEC ) No 857/84 of 31 March 1984 adopting                    Treaty does not preclude a Member State from
general rules for the application of the levy referred to in              authorizing, for the purpose of carrying on milk
Article 5c of Regulation ( EEC ) No 804/68 in the milk and                production, recourse to certain forms of company
milk products sector ( OJ No L 90, 1 . 4 . 1984, p. 13 ) —                under national law, such as partial GAECs confined to
the Court ( Sixth Chamber ), composed of: J. L. Murray,                   dairy farming, whilst prohibiting recourse to other
President of the Fourth Chamber acting as President of the                forms of company, such as societes en participation, in
 ---pagebreak--- No C 199/2              EN                 Official Journal of the European Communities                                  28 . 6 . 97
      so far as the latter may favour forms of production                  interest at the annual rate of 8% to run from
      which are not in compliance with Community                           24 January 1991 until the date of actual payment;
      legislation.
(') OJ No C 54,4 . 3 . 1995 .                                         5 . orders the European Parliament to pay all the costs of
                                                                           the proceedings before both courts.
                                                                      0 ) OJ No C 159 , 24 . 6 . 1995 .
                JUDGMENT OF THE COURT
                         ( Sixth Chamber)
                         of 17 April 1997
       in Case C-90/95 P: Henri de Compte v. European
                           Parliament (')                                            JUDGMENT OF THE COURT
(Officials — Decision recognizing the existence of an                                            (First Chamber)
occupational disease — Revocation of an administrative
act — Legitimate expectations — Reasonable period —                                            of 17 April 1997
                               Appeal)                                in Case C-138/95 P: Campo Ebro Industrial SA, Levantina
                           ( 97/C 199/02 )                            Agricola Industrial SA ( LAISA) and Cerestar Iberica SA
                                                                      v. Council of the European Union, supported by
                                                                               Commission of the European Communities H
                   (Language of the case: French)
                                                                      (Appeal — Sugar — Accession of the Kingdom of Spain
                                                                          — Alignment of sugar prices — Isoglucose production)
  (Provisional translation; the definitive translation will be
            published in the European Court Reports)                                              ( 97/C 199/03 )
In Case C-90/95 P: Henri de Compte ( represented by:
initially Eric Boigelot, subsequently Francesco Pasetti                               (Language of the case: English)
Bombardella ) — appeal against the judgment of the Court
of First Instance of the European Communities of
26 January 1995 in Joined Cases T-90/91 and T-62/92
Henri de Compte v. European Parliament [ 1995 ] ECR-SC                In Case C-138/95 P: Campo Ebro Industrial SA, Levantina
II- 1 , seeking to have that judgment set aside, save in so far       Agricola Industrial SA ( LAISA ) and Cerestar Iberica SA
as it orders the Parliament to pay the appellant the sum of           ( Legal Adviser: Paul Glazener ) — appeal against the
Bfrs 200 000 by way of compensation for non-material                  judgment of the Court of First Instance ( First Chamber) of
damage — the other party to the proceedings being:                    21 February 1995 in Case T-472/93 Campo Ebro and
European Parliament ( Agent: Francois Vainker, assisted by            Others v. Council [ 1995 ] ECR 11-421 , seeking to have that
Denis Waelbroeck ) — The Court ( Sixth Chamber ),                     judgment set aside in part, the other party to the
composed of: G. F. Mancini, President of the Chamber,                 proceedings being Council of the European Union ( Agent:
J. L. Murray, C. N. Kakouris, P. J. G. Kapteyn and H.                 Arthur Brautigam ), supported by Commission of the
Ragnemalm ( Rapporteur ), Judges; G. Tesauro, Advocate                European Communities ( Agents : Jose Luis Iglesias
General; R. Grass, Registar, has given a judgment on                  Buhigues and James MacDonald Flett) — the Court ( First
 17 April 1997, in which it:                                          Chamber ), composed of: L. Sevón, President of the
                                                                      Chamber ( Rapporteur ), D. A. O. Edward and M.
                                                                      Wathelet, Judges; A. La Pergola, Advocate-General; R.
 1 . sets aside the judgment of the Court of First Instance           Grass, Registrar, has given a judgment on 17 April 1997,
       of the European Communities on 26 January 1995 in              in which it :
      Joined Cases T-90/91 and T-62/92 De Compte v.
       Parliament, save in so far as it orders the European
       Parliament to pay the appellant the sum of Bfrs
       200 000 by way of compensation for non-material                 1 . dismisses the appeal;
       damage;
2 . in Case T-90/91 , annuls the decision of 18 April 1991 ;          2 . orders the appellants to pay the costs and the
                                                                            intervener to bear its own costs.
 3 . in Case T-62/92, annuls the decision of 20 January
       1992;                                                           (') OJ No C 189 , 22 . 7 . 1995 .
4 . orders the European Parliament to pay the appellant
       the sum of Bfrs 9 147 091 , together with default