CELEX: C2002/118/37
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court of first instance 7 February 2002 in Case T-261/94: Bernhard Schulte 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 — Act of the national authorities — Limitation)

18.5.2002              EN                     Official Journal of the European Communities                                            C 118/23
as supplemented by Commission Regulation (EEC) No 1371/                  1.    Declares that the defendants are bound to make good the
84 of 16 May 1984 laying down detailed rules for the                           damage sustained by the applicant as a result of the application
application of the additional levy referred to in Article 5c of                of Council Regulation (EEC) No 857/84 of 31 March 1984
Regulation (EEC) No 804/68 (OJ 1984 L 132, p. 11), Court of                    adopting general rules for the application of the levy referred to
First Instance (Fourth Chamber), composed of: P. Mengozzi,                     in Article 5c of Regulation (EEC) No 804/68 in the milk
President, V. Tilli and R. M. Moura Ramos, Judges; D. Christens-               and milk products sector, as supplemented by Commission
en, Administrator, for the Registrar, has given a judgment on                  Regulation (EEC) No 1371/84 of 16 May 1984 laying down
7 February 2002, in which it:                                                  detailed rules for the application of the additional levy referred
                                                                               to in Article 5c of Regulation (EEC) No 804/68, in so far as
1.    Dismisses the application;                                               those regulations did not make provision for the allocation of a
                                                                               reference quantity to producers who, pursuant to an undertaking
                                                                               given under Council Regulation (EEC) No 1078/77 of 17 May
2.    Orders the applicant to pay the costs.
                                                                               1977 introducing a system of premiums for the non-marketing
                                                                               of milk and milk products and for the conversion of dairy herds,
(1) OJ C 218 of 6.8.1994.                                                      did not deliver milk during the reference year opted for by the
                                                                               Member State concerned;
                                                                         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
                                                                               5 August 1987 and ending on 28 March 1989;
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              3.    Orders the parties to forward to the Court, within six months
                                                                               of this judgment, particulars of the amounts to be paid,
                         7 February 2002                                       established by mutual agreement;
                                                                         4.    Orders the parties, in the absence of such agreement, to submit
in Case T-201/94: Erwin Kustermann v Council of the                            to the Court within the same period their quantified claims;
European Union and Commission of the European Com-
                            munities (1)                                 5.    Reserves the costs.
(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Regulation (EC)                   (1) OJ C 218 of 6.8.1994.
No 2187/93 — Compensation for producers — Interruption
                     of the limitation period)
                         (2002/C 118/36)
                   (Language of the case: German)                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   7 February 2002
In Case T-201/94, Erwin Kustermann, residing in Eggenthal
                                                                         in Case T-261/94: Bernhard Schulte v Council of the
(Germany), represented by H.-P. Ried, Y. Schur and R. Bruk-
                                                                         European Union and Commission of the European Com-
hardt, lawyers, with an address for service in Luxembourg, v
                                                                                                      munities (1)
Council of the European Union (agent: A.-M. Colaert) and
Commission of the European Communities (Agents: D. Booß,
M. Niejahr, H.-J. Rabe and M. Núñez-Müller): Application for           (Action for damages — Non-contractual liability — Milk —
compensation under Article 178 and the second paragraph of               Additional levy — Reference quantity — Regulation (EC)
Article 215 of the EC Treaty (now Article 235 EC and the                 No 2187/93 — Compensation for producers — Act of the
second paragraph of Article 288 EC) for damage suffered by                               national authorities — Limitation)
the applicant as a result of his having been prevented from
marketing milk by virtue of Council Regulation (EEC)                                                (2002/C 118/37)
No 857/84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of Regulation                              (Language of the case: German)
(EEC) No 804/68 in the milk and milk products sector (OJ
1984 L 90, p. 13), as supplemented by Commission Regulation
(EEC) No 1371/84 of 16 May 1984 laying down detailed rules
for the application of the additional levy referred to in Article        In Case T-261/94, Bernhard Schulte, residing in Delbrück
5c of Regulation (EEC) No 804/68 (OJ 1984 L 132, p. 11),                 (Germany), represented by R. Freise, lawyer, v Council of the
Court of First Instance (Fourth Chamber), composed of:                   European Union (agents: A.-M. Colaert and M. Núñez-Müller)
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,                  and Commission of the European Communities (Agents:
Judges; D. Christensen, Administrator, for the Registrar, has            D. Booß, M. Niejahr and M. Núñez-Müller): Application for
given a judgment on 7 February 2002, in which it:                        compensation under Article 178 and the second paragraph of
 ---pagebreak--- C 118/24               EN                     Official Journal of the European Communities                                         18.5.2002
Article 215 of the EC Treaty (now Article 235 EC and the                 1.    Annuls the decision of the selection board in competition COM/
second paragraph of Article 288 EC) for damage suffered by                     A/12/98 in so far as it concerns the mark awarded to the
the applicant as a result of his having been prevented from                    applicant for the oral test;
marketing milk by virtue of Council Regulation (EEC)
No 857/84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of Regulation          2.    Orders the Commission to pay the costs.
(EEC) No 804/68 in the milk and milk products sector, (OJ
1984 L 90, p. 13), as supplemented by Commission Regulation
(EEC) No 1371/84 of 16 May 1984 laying down detailed rules
for the application of the additional levy referred to in                (1) OJ C 273 of 23.9.2000.
Article 5c of Regulation (EEC) No 804/68 (OJ 1984 L 132,
p. 11), Court of First Instance (Fourth Chamber), composed of:
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 7 February 2002, in which it:
1.    Dismisses the application;
2.    Orders the applicant to pay the costs.
                                                                         ORDER OF THE PRESIDENT OF THE COURT OF FIRST
(1) OJ C 304 of 29.10.1994.                                                                           INSTANCE
                                                                                                 19 December 2001
                                                                         in Joined Cases T-195/01 R and T-207/01 R, Government
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              of Gibraltar v Commission of the European Communities
                       of 7 February 2002
                                                                         (Proceedings for interim relief — State aid — Decision to
                                                                         initiate a formal investigation procedure — Admissibility —
in Case T-193/00: Bernard Felix v Commission of the                      Prima facie case — Urgency — None — Balancing of
                   European Communities (1)                                                             interests)
(Officials — Open competition — Oral test — Non-
inclusion in the reserve list — Consistency of the composition                                     (2002/C 118/39)
      of the selection board — Knowledge of languages)
                         (2002/C 118/38)                                                    (Language of the Case: English)
                   (Language of the case: French)
                                                                         In Joined Cases T-195/01 R and T-207/01 R, Government of
In Case T-193/00: Bernard Felix, an official of the Commission           Gibraltar, represented by A. Sutton, M. Llamas, Barristers, and
of the European Communities, residing at Arlon (Belgium),                W. Schuster, lawyer, with an address for service in Luxem-
represented by J.-N. Louis and V. Peere, lawyers, with an                bourg, against Commission of the European Communities,
address for service in Luxembourg, v Commission of the                   (Agents: V. Di Bucci and R. Lyal): Application for interim
European Communities (Agent: J. Currall) — application for               measures in respect of the decisions of the Commission of
annulment of the decision of the selection board in compe-               11 July 2001, notified to the Government of the United
tition COM/A/12/98 awarding the applicant a lower mark                   Kingdom by letters SG(2001) D/289755 and SG(2001) D/
than the minimum required for the oral test and excluding                289757, to initiate the procedure provided for by
him from the reserve list — the Court of First Instance (Fifth           Article 88(2) EC in respect of alleged State aid granted under
Chamber), composed of: J.D. Cooke, President, and R. Gracı́a-            Gibraltarian legislation to exempt and qualifying companies
Valdecasas and P. Lindh, Judges; J. Plingers, Administrator, for         respectively, the President of the Court of First Instance made
the Registrar, has given a judgment on 7 February 2002, in               the following order on 19 December 2001, the operative part
which it:                                                                of which is as follows: