CELEX: 61998TA0094
Language: en
Date: 2008-06-26 00:00:00
Title: Case T-94/98: Judgment of the Court of First Instance of 26 June 2008 — Alferink and Others v Commission (Actions for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producers who entered into non-marketing undertakings — Requirement that production be on the initial SLOM holding — Article 3a of Regulation (EEC) No 1546/88, as amended by Regulation (EEC) No 1033/89 — Allegedly ambiguous wording of the applicable provision — Principle of legal certainty)

2.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 197/18
            
         Judgment of the Court of First Instance of 26 June 2008 — Alferink and Others v Commission
   (Case T-94/98) (1)
   
   (Actions for damages - Non-contractual liability - Milk - Additional levy - Reference quantity - Producers who entered into non-marketing undertakings - Requirement that production be on the initial SLOM holding - Article 3a of Regulation (EEC) No 1546/88, as amended by Regulation (EEC) No 1033/89 - Allegedly ambiguous wording of the applicable provision - Principle of legal certainty)
   (2008/C 197/30)
   Language of the case: Dutch
   Parties
   
      Applicants: Alfonsius Alferink, (Heeten, Netherlands), and the other 67 applicants whose names are set out in the annex to the judgment (represented initially by H. Bronkhorst and E. Pijnacker Hordijk, subsequently by H. Bronkhorst, E. Pijnacker Hordijk and J. Sluysmans, and finally by E. Pijnacker Hordijk, lawyers)
   
      Defendant: Commission of the European Communities (represented by: T. van Rijn, Agent)
   Re:
   Claims for damages under Article 178 of the EC Treaty (now Article 235 EC) and the second paragraph of Article 215 of the EC Treaty (now the second paragraph of Article 288 EC) seeking compensation for the damage allegedly suffered by the applicants by reason of the fact that the Commission infringed the principle of legal certainty when it adopted Regulation (EEC) No 1033/89 of 20 April 1989 amending Regulation (EEC) No 1546/88 laying down detailed rules for the application of the additional levy referred to in Article 5c of Council Regulation (EEC) No 804/68 (OJ 1989 L 110, p. 27), which did not provide clearly and precisely that milk production had to be resumed from the initial SLOM holding.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Mr Alfonsius Alferink and the other 67 applicants whose names are listed in the annex to pay the costs.
            
         
      (1)  OJ C 358, 21.11.1998.