CELEX: C1997/181/23
Language: en
Date: 1997-06-14 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 April 1997 in Case T-554/93: Alfred Thomas Edward Saint and Christopher Murray v. Council of the European Union and Commission of the European Communities (Action for annulment - Action for damages - Non-contractual liability - Milk - Additional levy - Reference quantity - Producers having entered into non-marketing or conversion undertakings - Compensation - Regulation (EEC) No 2187/93 - Legal effects - Admissibility - Limitation period)

No C 181 / 12          EN                  Official Journal of the European Communities                                   14 . 6 . 97
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                 the application of Council Regulation (EEC) No 857/
                        of 16 April 1997                                  84 of 31 March 1984 adopting general rules for the
                                                                          application of the levy referred to in Article 5 (c) of
in Case T-554/93 : Alfred Thomas Edward Saint and                         Regulation (EEC) No 804/68 in the milk and milk
Christopher Murray v. Council of the European Union                       products sector, as supplemented by Commission
     and Commission of the European Communities (')                       Regulation (EEC) No 1371 /84 of 16 May 1984 laying
                                                                          down detailed rules for the application of the
(Action for annulment — Action for damages — Non­
contractual liability — Milk — Additional levy —                          additional levy referred to in Article 5 (c) of
                                                                          Regulation (EEC) No 804/68, in so far as those
Reference quantity — Producers having entered into non­
marketing or" conversion undertakings — Compensation                      Regulations did not make provision for the allocation
— Regulation (EEC) No 2187/93 — Legal effects —                           of a reference quantity to producers who, pursuant to
             Admissibility — Limitation period)                           an undertaking given under Council Regulation (EEC)
                                                                          No 1078/77 of 17 May 1977 introducing a system of
                          ( 97/C 181 /23 )                                premiums for the non-marketing of milk and milk
                                                                          products and for the conversion of dairy herds, did
                                                                           not deliver milk during the reference year opted for by
                (Language of the case: English)                            the Member State concerned;
In Case T-554/93 : Alfred Thomas Edward Saint and
                                                                      3 . declares that the period in respect of which the
Christopher Murray, residing at Penrhos, Gwent ( United                   applicants must be compensated for the losses
Kingdom ) and at Naas, Kildare ( Ireland ) respectively,                  sustained as a result of the application of Regulation
represented by Erik H. Pijnacker Hordijk, of the                           (EEC) No 857/84 is that beginning on 5 August 1987
Amsterdam Bar, and Hendrik J. Bronkhorst, Advocaat                         and ending on 28 March 1989;
with rights of audience before the Hoge Raad der
Nederlanden, instructed by Burges Salmon, Solicitors,
with an address for service in Luxembourg at the
                                                                      4 . orders the parties to forward to the Court, within
Chambers of Luc Frieden, 62 Avenue Guillaume, against
                                                                           12 months of this judgment, the amounts to be paid,
 Council of the European Union ( Agents: Arthur Brautigam
                                                                           established by mutual agreement;
and Michael Bishop ) and Commission of the European
 Communities ( Agents : initially Gerard Rozet and Xavier
Lewis, subsequently Mr Rozet and Christopher Docksey )
— application for annulment, pursuant to Article 173 of               5 . orders the parties, in the absence of an agreement, to
the EEC Treaty, of Article 8 (2 ) ( a ) and the fourth                     submit to the Court their quantified claims;
paragraph of Article 14 of Council Regulation ( EEC )
No 2187/93 of 22 July 1993 providing for an offer of
                                                                      6.   reserves the costs.
compensation to certain producers of milk and milk
 products temporarily prevented from carrying on their
trade ( OJ No L 196, 1993 , p. 6 ), and application for               (') OJ No C 338 , 15 . 12 . 1993 .
compensation, pursuant to Articles 178 and 215 of the
EEC Treaty, for the losses sustained by the applicants
 owing to the fact that they were prevented from
marketing milk as a result of Council Regulation ( EEC)
No 857/84 of 31 March 1984 adopting general rules for
the application of the levy referred to in Article 5 ( c ) of
 Regulation ( EEC ) No 804/68 in the milk and milk
products sector ( OJ No L 90, 1984, p. 13 ), as                         JUDGMENT OF THE COURT OF FIRST INSTANCE
 supplemented by Commission Regulation ( EEC ) No 1371 /                                      of 16 April 1997
 84 of 16 May 1984 ( OJ No L 132, 1984, p. 11 ) — the
 Court of First Instance ( First Chamber, Extended                    in Case T-20/94: Johannes Hartmann v. Council of the
 Composition ), composed of: A. Saggio, President, C. W.              European Union and Commission of the European
 Bellamy, A. Kalogeropoulos, V. Tiili and R. M. Moura                                          Communities (')
 Ramos, Judges; H. Jung, Registrar, has given a judgment              (Action for damages — Non-contractual liability — Milk
 on 16 April 1997, in which it:                                       — Additional levy — Reference quantity — Producers
                                                                      having entered into non-marketing or conversion
                                                                      undertakings — Compensation — Regulation (EEC)
 1 . dismisses as inadmissible the claims for annulment of                          No 2187/93 — Limitation period)
     Article 8 (2) (a) and the fourth paragraph of Article 14
     of Council Regulation (EEC) No 2187/93 of 22 July                                           ( 97/C 181 /24 )
     1 993 providing for an offer of compensation to certain
     producers of milk and milk products temporarily
     prevented from carrying on their trade;                                         (Language of the case: German)
2 . declares that the defendants are bound to make good               In Case T-20/94 : Johannes Hartmann,             residing at
     the damage sustained by the applicants as a result of            Hamminkeln         ( Germany ),      represented by      Bernd