CELEX: C2001/134/32
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 30 November 2000 in Case T-5/97: Industrie des Poudres Sphériques v Commission of the European Communities (Competition — Action for annulment — Rejection of a complaint — Article 86 of the EC Treaty (now Article 82 EC) — Misuse of the anti-dumping procedure — Statement of reasons — Rights of the defence)

5.5.2001                EN                      Official Journal of the European Communities                                          C 134/15
   JUDGMENT OF THE COURT OF FIRST INSTANCE                                 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
                        of 31 January 2001                                       11 December 1988 and ending on the date of delivery of this
                                                                                 judgment. That amount must include the purchase price of a
                                                                                 reference quantity equivalent to the one the applicant should
in Case T-76/94: Rendert Jansma v Council of the Euro-                           have obtained pursuant to Regulation No 857/84;
pean Union and Commission of the European Communi-
                               ties (1)                                    3.    Orders the parties to forward to the Court, within six months
                                                                                 of this judgment, particulars of the amounts to be paid,
                                                                                 established by mutual agreement;
(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having                     4.    Orders the parties, in the absence of an agreement, to submit
entered into a non-marketing undertaking — Sale of the                           to the Court within the same period their quantified claims;
             SLOM holding — Limitation period)
                                                                           5.    Reserves the costs.
                          (2001/C 134/31)
                                                                           (1) OJ C 90 of 26.3.94.
                    (Language of the case: Dutch)
In Case T-76/94: Rendert Jansma, residing in Engelbert (Nether-
lands), represented by E.H. Pijnacker Hordijk and H.J. Bronk-
horst, of the Amsterdam Bar, with an address for service in                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Luxembourg at the Chambers of L. Frieden, 62 Avenue
Guillaume, against Council of the European Union (Agent:                                         of 30 November 2000
A.-M. Colaert) and Commission of the European Communities
(Agents: T. van Rijn and H.-J. Rabe) — application for
compensation under Article 178 and the second paragraph of                 in Case T-5/97: Industrie des Poudres Sphériques v
Article 215 of the EC Treaty (now Article 235 EC and the                           Commission of the European Communities (1)
second paragraph of Article 288 EC) for damage suffered by
the applicant as a result of his having been prevented                     (Competition — Action for annulment — Rejection of a
from marketing milk by virtue of Council Regulation (EEC)                  complaint — Article 86 of the EC Treaty (now Article 82
No 857/84 of 31 March 1984 adopting general rules for the                  EC) — Misuse of the anti-dumping procedure — Statement
application of the levy referred to in Article 5c of Regulation                           of reasons — Rights of the defence)
(EEC) No 804/68 in the milk and milk products sector (OJ
1984 L 90, p. 13), as supplemented by Commission Regulation                                          (2001/C 134/32)
(EEC) No 1371/84 of 16 May 1984 laying down detailed rules
for the application of the additional levy referred to in
Article 5c of Regulation (EEC) No 804/68 (OJ 1984 L 132,                                       (Language of the case: French)
p. 11) — the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, R.M. Moura Ramos and                     In Case T-5/97: Industrie des Poudres Sphériques,established
P. Mengozzi, Judges; J. Palacio González, Administrator, for              in Annemasse (France), represented by C. Momège, of the Paris
the Registrar, has given a judgment on 31 January 2001, in                 Bar, with an address for service in Luxembourg at the
which it:                                                                  Chambers of A. May, 398 Route d’Esch, against Commission
                                                                           of the European Communities (Agents: F. Mascardi and
1.   Declares that the defendants are bound to make good the               A. Carnelutti ) supported by Péchiney Électrométallurgie,
     damage sustained by the applicant as a result of the application      established in Courbevoie (France), represented by J.-P. Gunther
     of Council Regulation (EEC) No 857/84 of 31 March 1984                and O. Prost, of the Paris Bar, with an address for service in
     adopting general rules for the application of the levy referred to    Luxembourg at the Chambers of Loesch and Wolter, 11 Rue
     in Article 5c of Regulation (EEC) No 804/68 in the milk               Goethe — application for annulment of the Commission
     and milk products sector, as supplemented by Commission               decision of 7 November 1996, rejecting the applicant’s request
     Regulation (EEC) No 1371/84 of 16 May 1984 laying down                for a finding that an infringement of Article 86 of the EC
     detailed rules for the application of the additional levy referred    Treaty (now Article 82 EC) had allegedly been committed by
     to in Article 5c of Regulation (EEC) No 804/68, in so far as          Péchiney Electrométallurgie (Case No IV/35.151./E-I IPS/Péchi-
     those regulations did not make provision for the allocation of a      ney Électrométallurgie) — the Court of First Instance (Fifth
     reference quantity to producers who, pursuant to an undertaking       Chamber, Extended Composition), composed of: R. Garcı́a-
     given under Council Regulation (EEC) No 1078/77 of 17 May             Valdecasas, President, P. Lindh, J.D. Cooke, M. Vilaras and
     1977 introducing a system of premiums for the non-marketing           N. Forwood, Judges; G. Herzig, Administrator, for the Registrar,
     of milk and milk products and for the conversion of dairy herds,      has given a judgment on 30 November 2000, in which it:
     did not deliver milk during the reference year opted for by the
     Member State concerned;                                               1.    Dismisses the application;
 ---pagebreak--- C 134/16                EN                      Official Journal of the European Communities                                        5.5.2001
2.     Orders the applicant to bear its own costs and pay those of the         JUDGMENT OF THE COURT OF FIRST INSTANCE
       Commission and of the intervener Péchiney Électrométallurgie.
                                                                                                  of 31 January 2001
( 1) OJ C 74 of 8.3.97.
                                                                           in Joined Cases T-197/97 and T-198/97: Weyl Beef Prod-
                                                                           ucts BV and Others v Commission of the European
                                                                                                    Communities (1)
                                                                           (Article 85(1) of the EC Treaty (now Article 81(1) EC) —
                                                                           Action for annulment — Rejection of a complaint —
                                                                           Community interest — Relationship between Article 85 and
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Article 92 of the EC Treaty (now, after amendment,
                                                                                                     Article 87 EC))
                        of 31 January 2001
                                                                                                    (2001/C 134/34)
in Case T-143/97: Gerhardus van den Berg v Council of
the European Union and Commission of the European
                          Communities (1)                                                      (Language of the case: Dutch)
(Action for damages — Non-contractual liability — Milk —                   In Joined Cases T-197/99 and T-198/97: Weyl Beef Products
Additional levy — Reference quantity — Producer having                     BV, established at Enschede, Netherlands, represented by
entered into a non-marketing undertaking — Transfer of                     E.H. Pijnacker Hordijk, of the Amsterdam Bar, and S.B. Noë,
                   the quota to another holding)                           of the Rotterdam Bar, applicant in Case T-197/97, Exportslach-
                                                                           terij Chris Hogeslag BV, established at Holten, Netherlands,
                          (2001/C 134/33)                                  represented by A.P.J.M. de Bruyn, of the Zutphen Bar, Gronin-
                                                                           ger Vleeshandel BV, established at Groningen, Netherlands, in
                                                                           liquidation, represented by J.J. van der Molen, liquidator
                                                                           appointed by the courts, represented initially by A.P.J.M. de
                     (Language of the case: Dutch)
                                                                           Bruyn, of the Zutphen Bar, and subsequently by P.E. Mazel, of
                                                                           the Leeuwarden Bar, with an address for service in Luxembourg
In Case T-143/97: Gerhardus van den Berg, residing in Dalfsen              at the Chambers of Bonn and Schmitt, 7 Val Sainte-Croix,
(Netherlands), represented by E.H. Pijnacker Hordijk, of the               applicants in Case T-198/97, against Commission of the
Amsterdam Bar, with an address for service in Luxembourg at                European Communities (Agents: W. Wils and G. van der Wal)
the Chambers of L. Frieden, 62 Avenue Guillaume, v Council                 supported by Produktschap voor Vee en Vlees and Stichting
of the European Union (Agents: A.-M. Colaert and J.-P. Hix)                Saneringsfonds Runderslachterijen, both established at
and Commission of the European Communities (Agent: T. van                  Rijswijk, Netherlands, represented by I.W. VerLoren van
Rijn) — application for compensation under Article 178 and                 Themaat, of the Amsterdam Bar, with an address for service in
the second paragraph of Article 215 of the EC Treaty (now                  Luxembourg at the Chambers of C. Medernach, 8-10 Rue
Article 235 EC and the second paragraph of Article 288 EC)                 Mathias Hardt — application in Case T-197/97, for annulment
for damage suffered by the applicant as a result of his having             of the Commission’s decision of 23 April 1997 (case
been prevented from marketing milk by virtue of Council                    No IV/35.591/F-3 — Weyl/PVV+SSR) rejecting an application
Regulation (EEC) No 857/84 of 31 March 1984 adopting                       made by the applicant on 14 June 1995 and, in Case
general rules for the application of the levy referred to in               T-198/97, for annulment of the Commission’s decision of
Article 5c of Regulation (EEC) No 804/68 in the milk and milk              23 April 1997 (case No IV/35.634/F-3 — Hogeslag-Gronin-
products sector (OJ 1984 L 90, p. 13), as supplemented by                  ger/PVV+SSR) rejecting an application made by the applicants
Commission Regulation (EEC) No 1371/84 of 16 May 1984                      on 30 June 1995 — the Court of First Instance (Fourth
laying down detailed rules for the application of the additional           Chamber), composed of: V. Tiili, President, R.M. Moura Ramos
levy referred to in Article 5c of Regulation (EEC) No 804/68               and P. Mengozzi, Judges; G. Herzig, Administrator, for the
(OJ 1984 L 132, p. 11) — the Court of First Instance (Fourth               Registrar, has given a judgment on 31 January 2001, in which
Chamber), composed of: V. Tiili, President, R.M. Moura Ramos               it:
and P. Mengozzi, Judges; J. Palacio González, Administrator,
for the Registrar, has given a judgment on 31 January 2001,                1.    Dismisses the actions;
in which it:
                                                                           2.    Orders the applicants to bear their own costs as well as those
1.     Dismisses the application as inadmissible;                                incurred by the Commission;
2.     Orders the applicant to pay the costs.                              3.    Orders the interveners to bear their own costs.
(1) OJ C 199 of 28.6.1997.                                                 (1) OJ C 252 of 16.8.97.