CELEX: C1997/199/86
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 29 April 1997 by G. M. van den Berg against the European Community (Case T-143/97)

28 . 6 . 97            EN                Official Journal of the European Communities                                 No C 199/37
Pleas in law and main arguments adduced in support:                        rights acquired by the applicant. Finally, the principle
                                                                           of proportionality was breached.
The applicant submitted to DAFSE ( Departamento para                (') OJ No C 31 , 3 . 2 . 1996, p . 18 .
Asuntos do Fundo Social Europeu — the Portuguese                    (2 ) OJ No L 289, 22 . 10 . 1983 , p. 1 .
European Social Fund agency) on 31 July 1987 its                    ( 3 ) OJ No L 289, 22 . 10 . 1983 , p. 38 .
application for financing to be granted by the European
Social Fund ( ESF ) in respect of a vocational training
programme to run from 2 January 1988 to 31 December
1988 inclusive . The training programme was approved as
a whole by a Commission decision notified to the
applicant by DAFSE on 25 May 1988 . Thus, on 12 August
1988 the applicant received Esc 31 095 749, which was an            Action brought on 29 April 1997 by G. M. van den Berg
advance of 50% of ESF's share, and Esc 25 441 977,                                   against the European Community
which was the Portuguese State's share. The applicant put                                     ( Case T-143/97)
in motion and pursued to its conclusion the
abovementioned training project and finished it within the                                      ( 97/C 199/86 )
agreed period. Subsequently, the applicant submitted the
claim for final payment. On 17 December 1993 the
applicant was notified by letter by DAFSE of the                                       (Language of the case: Dutch)
Commission's decision approving the final payment claim
but which found certain expenditure submitted by the                An action against the European Community was brought
applicant to be ineligible, reducing the ESF's contribution.         before the Court of First Instance of the European
The applicant brought the appropriate action for                     Communities on 29 April 1997 by G. M. van den Berg,
annulment against that decision of the Commission,                  residing at Dalfsen (Netherlands ), represented by E. H.
registered under Case No T-85/94 in the Court of First              Pijnacker Hordijk, of the Amsterdam Bar, with an address
Instance . That action was upheld and the decision at issue          for service in Luxembourg at the Chambers of L. Frieden,
annulled by judgment of 12 January 1995 ( ] ). Instead of            62 Avenue Guillaume .         .
implementing that judgment, the Commission took a
decision identical to that which was annulled except that,
on this occasion, it gave reasons for that decision and              The applicant claims that the Court should:
notified the applicant in order to allow it to submit
comments beforehand .
                                                                     — declare that the Community is liable to make good the
                                                                           damage which the applicant has suffered and may
The applicant maintains that the contested measure is                      suffer in the future as a result of the fact that, since
unlawful and should be annulled on the following                           the termination on 23 February 1985 of the non­
grounds :                                                                   marketing undertaking given by the applicant pursuant
                                                                           to Council Regulation ( EEC ) No 1078/77 of 17 May
                                                                            1977, he has been refused a representative reference
— Breach of the principle of legitimate                                     quantity on the sole ground that he no longer
     expectation and legal certainty :                                      operates, in whole or in part, the holding on which he
                                                                            produced milk prior to giving the said non-marketing
                                                                            undertaking,
     Although the Commission's decision is not bound by a
     definite time-limit, it should nevertheless observe a
     reasonable period for its implementation . If the               — order the Community to pay the applicant, in relation
     Commission had been so minded, it could have taken                     to the damage suffered by him, the sum of Fl 606 315 ,
     the measure which it now sought to implement in                        together with interest thereon at the rate of 8 % per
     early 1995 , after the sentence delivered by the Court                 annum from the date when the application was lodged
     on 12 January 1995 . By taking the contested decision                  until the date of payment in full,
     after a long period elapsed, the Commission breached
     the principle of legitimate expectation and legal               — order the Community to pay the costs .
     certainty,
                                                                      Pleas in law and main arguments adduced in support:
 — Unlawfulness :
                                                                      In 1986, following the expiry of his SLOM undertaking,
      The contested decision infringed Council Regulation             the applicant voluntarily purchased another dairy holding
      ( EEC ) No 2950/83 ( 2) and Council Decision 83/516/            with the intention of resuming milk production thereon.
      EEC ( 3 ) since the applicant complied rigorously with          According to the final decision of the Netherlands
      the laws, regulations, directives, criteria, obligations        authorities, however, the effect of Article 3a ( 1 ) of
      and conditions required when the initial ESF decision           Regulation ( EEC ) No 1546/88 (') is that he is not entitled
      approving the training project was taken by the                 to a milk quota. He nevertheless considers, on the basis of
      Commission . The contested decision also breached the           the case-law of the Court of Justice, that the Community
 ---pagebreak--- No C 199/38                EN                    Official Journal of the European Communities                                   28 . 6 . 97
is liable for the loss of income which he has consequently                  residing at Beek ( Netherlands ), represented by E. H.
suffered and may suffer in the future, since, had he been                   Pijnacker Hordijk, of the Amsterdam Bar, with an address
in possession of a quota at the time of relocating his                      for service in Luxembourg at the Chambers of L. Frieden,
business activities, he could have transferred it to his new                62 Avenue Guillaume .
holding.
                                                                            The applicant claims that the Court should :
(') Commission Regulation ( EEC ) No 1546/88 of 3 June 1988
    laying down detailed rules for the application of the additional        — order the Community to pay to the applicant the sum
    levy referred to in Article 5c of Regulation ( EEC ) No 804/68
    ( OJ No L 139, 4 . 6 . 1988 , p. 12 ), as amended by Commission              of Fl 120 559 ( namely, the amount resulting from the
    Regulation ( EEC ) No 1033/89 of 20 April 1989 ( OJ No L 110,                application of Regulation ( EEC ) No 2187/93 ),
    21 . 4 . 1989 , p. 27 ).                                                     together with an amount corresponding to the damage
                                                                                 sustained by the applicant in respect of tax
                                                                                 disadvantages, monetary depreciation and loss of
                                                                                 income, and interest on the principal sum at the rate
                                                                                 of 8 % per annum from 19 May 1992 until the date of
                                                                                 payment in full,
Action brought on 29 April 1997 by C. de Keijzer against
                       the European Community                               — order the Community to pay the costs .
                             ( Case T-144/97 )
                                ( 97/C 199/87 )
                                                                            Pleas in law and main arguments adduced in support:
                    (Language of the case: Dutch)                           The pleas in law and main arguments are the same as in
                                                                            Case T-532/ 93 .
An action against the European Community was brought
 before the Court of First Instance of the European
 Communities on 29 April 1997 by C. de Keijzer, residing
 at Noordgouwe ( Netherlands ), represented by E. H.
 Pijnacker Hordijk, of the Amsterdam Bar, with an address
 for service in Luxembourg at the Chambers of L. Frieden,                   Action brought on 30 April 1997 by J. M. M. Bakkers
 62 Avenue Guillaume .                                                      against the Council of the European Union and the
                                                                                       Commission of the European Communities
 The applicant claims that the Court should:                                                        ( Case T-146/97 )
 — order the Community to pay to the applicant the sum                                                ( 97/C 199/ 89 )
      of Fl 118 995 ( namely, the amount resulting from the
      application of Regulation ( EEC ) No 2187/93 ),                                         (Language of the case: Dutch)
      together with an amount corresponding to the damage
      sustained by the applicant in respect of tax                           An action against the European Community was brought
      disadvantages, monetary depreciation and loss of                       before the Court of First Instance of the European
      income, and interest on the principal sum at the rate                  Communities on 30 April 1997 by J. M. M. Bakkers,
      of 8 % per annum from 19 May 1992 until the date of                    residing at Diessen (Netherlands ), represented by A. A. M.
      payment in full ,                                                      Beek, of the Tilburg Bar.
 — order the Community to pay the costs .                                    The applicant claims that the Court should:
 Pleas in law and main arguments adduced in support:                         — declare that the European Economic Community is
                                                                                  liable in damages to the applicant,
 The pleas in law and main arguments are the same as in
 Case T-532/93 .
                                                                             — declare that the European Economic Community is
                                                                                  liable to the applicant for the loss of income suffered
                                                                                  by him as a result of the application of Council
                                                                                  Regulation ( EEC ) No 857/84 of 31 March 1984 and
                                                                                  of Council Regulation ( EEC ) No 764/89 of 20 March
                                                                                  1989 amending Regulation ( EEC ) No 857/84,
 Action brought on 29 April 1997 by J. P. W. Vrencken                             inasmuch as those regulations contain(ed ) no provision
                 against the European Community                                   enabling a representative reference quantity to be
                              ( Case T-145 /97 )                                  granted to SLOM transferees who, pursuant to an
                                  97/C 199/ 88 )                                  undertaking given in accordance with Council
                                                                                  Regulation ( EEC ) No 1078/77, did not supply any
                     (Language of the case: Dutch)                                milk during the reference year selected by the Member
                                                                                  State concerned,
 An action against the European Community was brought
  before the Court of First Instance of the European                         — declare that the applicant has suffered a loss of income
  Communities on 29 April 1997 by J. P. W. Vrencken,                              amounting to the difference between, on the one hand,