CELEX: C1997/181/25
Language: en
Date: 1997-06-14 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 April 1997 in Case T-66/95: Hedwig Kuchlenz-Winter v. Commission of the European Communities (Officials - Cover by the Common Sickness Insurance Scheme - Ex-spouse of a former official - Action for annulment - Admissibility - Duty to have regard for the welfare of the person concerned - Free movement of persons - Equal treatment - Decision of a national court splitting pension rights by way of compensation - Effects)

14 . 6 . 97         1 EN                 Official Journal of the European Communities                               No C 181 / 13
Meisterernst, Mechtild Düsing, Dietrich Manstetten and               5.    reserves the costs .
Frank Schulze, Rechtsanwälte, Münster, with an address
for service in Luxembourg at the Chambers of Lambert
                                                                      (') OJ No C 90, 26 . 3 . 1994 .
Dupong and Guy Konsbruck-Raus, 14a Rue des Bains,
against Council of the European Union ( Agent: Arthur
Brautigam ) and Commission of the European
Communities ( Agents: Dierk Booß, Hans-Jürgen Rabe and
Georg M. Berrisch ), application pursuant to Article 178
and the second paragraph of Article 215 of the EC Treaty
and Council Regulation ( EEC ) No 2187/93 of 22 July
1993 providing for an offer of compensation to certain
producers of milk and milk products temporarily                         JUDGMENT OF THE COURT OF FIRST INSTANCE
prevented from carrying on their trade ( OJ No L 196,                                          of 16 April 1997
1993 , p. 6 ), for compensation for the losses sustained by
the applicant owing to the fact that he was prevented                in Case T-66/95 : Hedwig Kuchlenz-Winter v. Commission
from marketing milk as a result of Council Regulation                                of the European Communities (')
( EEC ) No 857/84 of 31 March 1984 adopting general                   (Officials — Cover by the Common Sickness Insurance
rules for the application of the levy referred to in                 Scheme — Ex-spouse of a former official — Action for
Article 5 (c ) of Regulation ( EEC ) No 804/68 in the milk           annulment — Admissibility — Duty to have regard for the
and milk products sector ( OJ No L 90, 1984, p. 13 ), as              welfare of the person concerned — Free movement of
supplemented by Commission Regulation ( EEC ) No 1371 /              persons — Equal treatment — Decision of a national
84 of 16 May 1984 ( OJ No L 132, 1984, p. 11 ) — the                 court splitting pension rights by way of compensation —
Court of First Instance of the European Communities                                                  Effects)
( First Chamber, Extended Composition ), composed of A.
Saggio, President, and C. W. Bellamy, A. Kalogeropoulos,                                        ( 97/C 181 /25 )
V. Tiili and R. M. Moura Ramos, Judges, Registrar: H.
Jung, has given a judgment on 16 April 1997, in which it:
                                                                                     (Language of the case: German)
1 . declares that the defendants are bound to make good
      the damage sustained by the applicant as a result of
                                                                     In Case T-66/95 : Hedwig Kuchlenz-Winter, the ex-wife of
      the application of Council Regulation (EEC) No 857/
                                                                     a former official of the European Parliament, residing at
      84 of 31 March 1984 adopting general rules for the
                                                                     Kehlen ( Luxembourg ), represented by Dieter Rogalla,
      application of the levy referred to in Article 5 (c) of
                                                                     Rechtsanwalt, Sprockhövel, with an address for service in
      Regulation (EEC) No 804/68 in the milk and milk                Luxembourg at the Chambers of Armin Machmer, 1 Rue
      products sector, as supplemented by Commission
                                                                     Roger Barthel , Béreldange, against Commission of the
      Regulation (EEC) No 1371 /84 of 16 May 1984 laying .
                                                                     European Communities ( Agents : Joseph Griesmar, Julian
      down detailed rules for the application of the
                                                                     Currall and Bertrand Wägenbaur ) — application for a
      additional levy referred to in Article 5 (c) of
                                                                     declaration that the defendant is under a duty, on the one
      Regulation (EEC) No 804/68, in so far as those
                                                                     hand, to continue to guarantee the applicant cover under
      Regulations did not make provision for the allocation          the Common Sickness Insurance Scheme and, on the other
      of a reference quantity to producers who, pursuant to
                                                                     hand, to use its right of initiative vis-a-vis the Council
      an undertaking given under Council Regulation (EEC)
                                                                     with a view to enabling persons in the applicant's position
      No 1078/77 of 17 May 1977 introducing a system of
                                                                     to qualify for cover under the Common Sickness Insurance
      premiums for the non-marketing of milk and milk
                                                                     Scheme and, in the alternative, for a declaration drawing
      products and for the conversion of dairy herds, did
                                                                     the German Government's attention to the gap in its
      not deliver milk during the reference year opted for by
      the Member State concerned;
                                                                     national legislation on sickness insurance and calling upon
                                                                     it to take appropriate measures to rectify that situation —
                                                                     the Court of First Instance ( First Chamber), composed of:
                                                                     A. Saggio, President, V. Tiili and R. M. Moura Ramos,
2 . declares that the period in respect of which the                 Judges; A. Mair, Administrator, for the Registrar, has
      applicant must be compensated for the losses sustained         given a judgment on 16 April 1997, in which it:
      as a result of the application of Regulation (EEC)
      No 857/84 is that beginning on 4 May 1987 and
      ending on 28 March 1989;
                                                                     1 . dismisses the application;
3 . orders the parties to forward to the Court, within
      12 months of this judgment, the amounts to be paid,            2 . orders the parties to bear their own costs.
      established by mutual agreement;
                                                                     (') OJ No C 137, 3 . 6 . 1995 .
4 . orders the parties, in the absence of an agreement, to
      submit to the Court their quantified claims;