CELEX: C2000/102/02
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 27 January 2000 in Joined Cases C-104/89 and C-37/90 (applications for damages): J.M. Mulder, W.H. Brinkhoff, J.M.M. Muskens, T. Twĳnstra (C-104/89) and Otto Heinemann (C-37/90) v Council of the European Union and Commission of the European Communities (Additional levy on milk — Non-contractual liability — Reparation and assessment of damage)

C 102/2                  EN                        Official Journal of the European Communities                                           8.4.2000
                  JUDGMENT OF THE COURT                                              (c) Default interest at the annual rate of 8 % to be paid on
                                                                                         that sum in respect of the period from the latter date to
                                                                                         the date of actual payment;
                          (Sixth Chamber)
                                                                                 2. (a) The Council and the Commission jointly and severally to
                         of 27 January 2000                                              pay to Mr Brinkhoff compensation in the sum of NLG
                                                                                         362 383;
in Joined Cases C-104/89 and C-37/90 (applications for                               (b) Interest at the annual rate of 1,85 % to be paid on that
damages): J.M. Mulder, W.H. Brinkhoff, J.M.M. Muskens,                                   sum in respect of the period from 5 May 1984 to the
T. Twijnstra (C-104/89) and Otto Heinemann (C-37/90) v                                   date of delivery of the interlocutory judgment;
Council of the European Union and Commission of the
                    European Communities (1)
                                                                                     (c) Default interest at the annual rate of 8 % to be paid on
                                                                                         that sum in respect of the period from the latter date to
(Additional levy on milk — Non-contractual liability —                                   the date of actual payment;
             Reparation and assessment of damage)
                                                                                 3. (a) The Council and the Commission jointly and severally to
                                                                                         pay to Mr Muskens compensation in the sum of NLG
                           (2000/C 102/02)
                                                                                         324 914;
                                                                                     (b) Interest at the annual rate of 1,85 % to be paid on that
             (Languages of the case: Dutch and German)                                   sum in respect of the period from 22 November 1984
                                                                                         to the date of delivery of the interlocutory judgment;
(Provisional translation; the definitive translation will be published               (c) Default interest at the annual rate of 8 % to be paid on
                    in the European Court Reports)                                       that sum in respect of the period from the latter date to
                                                                                         the date of actual payment;
In Joined Cases C-104/89 and C-37/90: J.M. Mulder, W.H.                          4. (a) The Council and the Commission jointly and severally to
Brinkhoff, J.M.M. Muskens, T. Twijnstra, represented by H.J.                             pay to Mr Twijnstra compensation in the sum of NLG
Bronkhorst, of the Hague Bar, and E.H. Pijnacker Hordijk, of                             579 570;
the Amsterdam Bar, with an address for service in Luxembourg
at the Chambers of J. Loesch, 11 Rue Goethe, and Otto
Heinemann, represented by M. Düsing, Rechtsanwalt, Münster,                          (b) Interest at the annual rate of 1,85 % to be paid on that
with an address for service in Luxembourg at the Chambers of                             sum in respect of the period from 10 April 1985 to the
Lambert, Dupong and Konsbruck, 14a Rue des Bains, v                                      date of delivery of the interlocutory judgment;
Council of the European Union (Agents in Case C-104/89:
Arthur Brautigam and G. Houttuin and, in Case C-37/90:                               (c) Default interest at the annual rate of 8 % to be paid on
A. Brautigam) and Commission of the European Communities                                 that sum in respect of the period from the latter date to
(Agents in Case C-104/89: T. van Rijn and, in Case C-37/90:                              the date of actual payment;
D. Booss, assisted by H.-J. Rabe) — application for damages
under Article 178 and the second paragraph of Article 215 of
the EC Treaty (now Article 235 EC and the second paragraph                    — in Case C-37/90 orders:
of Article 288 EC) — the Court (Sixth Chamber), composed of:
P.J.G. Kapteyn, acting for the President of the Sixth Chamber,                   5. (a) The Council and the Commission jointly and severally to
G. Hirsch (Rapporteur) and H. Ragnemalm, Judges; A. Saggio,                              pay to Mr Heinemann compensation in the sum of
Advocate General; H.A. Rühl, Principal Administrator, for the                            DEM 17 411;
Registrar, has given a judgment on 27 January 2000, in which
it:
                                                                                     (b) Interest at the annual rate of 1,5 % to be paid on that
                                                                                         sum in respect of the period from 20 November 1984
— in Case C-104/89 orders:                                                               to the date of delivery of the interlocutory judgment;
    1. (a) The Council of the European Union and the Commission
                                                                                     (c) Default interest at the annual rate of 7 % to be paid on
              of the European Communities jointly and severally to
                                                                                         that sum in respect of the period from the latter date to
              pay to Mr Mulder compensation in the sum of NLG
                                                                                         the date of actual payment;
              555 818;
                                                                              — in both cases:
         (b) Interest at the annual rate of 1,85 % to be paid on that
              sum in respect of the period from 1 October 1984 to
              the date of delivery of the interlocutory judgment;                6. Dismisses the remainder of the actions;
 ---pagebreak--- 8.4.2000                 EN                       Official Journal of the European Communities                                             C 102/3
    7. Orders the Council and the Commission to bear their own               The rule laid down in Article 16(1)(a) of the Convention of
         costs and jointly and severally to pay 90 % of the applicants’      27 September 1968 on Jurisdiction and the Enforcement of Judg-
         costs apart from the costs of the expert’s report commissioned      ments in Civil and Commercial Matters, as amended by the
         by the Court. The costs of that report shall be borne jointly       Convention of 9 October 1978 on the Accession of the Kingdom of
         and severally, as to 90 %, by the Council and the                   Denmark, Ireland and the United Kingdom of Great Britain and
         Commission. Since the remaining 10 % of those costs is to           Northern Ireland, by the Convention of 25 October 1982 on the
         be borne by all of the applicants in the two cases, that            Accession of the Hellenic Republic, and by the Convention of 26
         percentage shall be borne as to 22 % each by the applicants         May 1989 on the Accession of the Kingdom of Spain and the
         in Case C-104/89 and as to 12 % by Mr Heinemann.                    Portuguese Republic, conferring exclusive jurisdiction in proceedings
                                                                             having as their object tenancies of immovable property is applicable
                                                                             to an action for damages for taking poor care of premises and causing
(1) OJ C 109 of 29.4.1989. OJ C 71 of 21.3.1990.                             damage to accommodation which a private individual had rented for
                                                                             a few weeks’ holiday, even where the action is not brought directly by
                                                                             the owner of the property but by a professional tour operator from
                                                                             whom the person in question had rented the accommodation and
                                                                             who has brought legal proceedings after being subrogated to the
                                                                             rights of the owner of the property.
                 JUDGMENT OF THE COURT                                       The ancillary clauses relating to insurance in the event of cancellation
                                                                             and to guarantee of repayment of the price paid by the client, which
                          (Sixth Chamber)                                    are contained in the general terms and conditions of the contract
                                                                             concluded between that organiser and the tenant, and which do not
                         of 27 January 2000                                  form the subject of the dispute in the main proceedings, do not affect
                                                                             the nature of the tenancy as a tenancy of immovable property within
in Case C-8/98 (reference for a preliminary ruling from                      the meaning of that provision of the Convention.
the Landgericht Heilbronn): Dansommer A/S v Andreas
                               Götz (1)                                      (1) OJ C 72 of 7.3.1998.
(Brussels Convention — Article 16(1) — Exclusive jurisdic-
tion in proceedings having as their object tenancies of
                  immovable property — Scope)
                           (2000/C 102/03)
                                                                                               JUDGMENT OF THE COURT
                   (Language of the case: German)
                                                                                                      of 27 January 2000
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           in Case C-190/98 (reference for a preliminary ruling from
                                                                             the Oberlandesgericht Linz): Volker Graf v Filzmoser
In Case C-8/98: reference to the Court, pursuant to the                                           Maschinenbau GmbH (1)
Protocol of 3 June 1971 on the Interpretation by the Court of
Justice of the Convention of 27 September 1968 on Jurisdic-
tion and the Enforcement of Judgments in Civil and Commer-                   (Freedom of movement for workers — Compensation on
cial Matters, by the Landgericht Heilbronn (Germany) for a                   termination of employment — Refusal where a worker
preliminary ruling in the proceedings pending before that                    terminates his contract of employment in order to take a job
court between Dansommer A/S and Andreas Götz — on the                                             in another Member State)
interpretation of Article 16(1) (a) of the abovementioned
Convention of 27 September 1968 (OJ 1978 L 304, p. 36), as                                              (2000/C 102/04)
amended by the Convention of 9 October 1978 on the
Accession of the Kingdom of Denmark, Ireland and the United
Kingdom of Great Britain and Northern Ireland (OJ 1978                                          (Language of the case: German)
L 304, p. 1 and — amended text — p. 77), by the Convention
of 25 October 1982 on the Accession of the Hellenic Republic
(OJ 1982 L 388, p. 1), and by the Convention of 26 May 1989
                                                                             (Provisional translation; the definitive translation will be published
on the Accession of the Kingdom of Spain and the Portuguese
                                                                                                 in the European Court Reports)
Republic (OJ 1989 L 285, p. 1) — the Court (Sixth Chamber)
composed of: R. Schintgen (Rapporteur), President of the
Second Chamber, acting as President of the Sixth Chamber,                    In Case C-190/98: reference to the Court under Article 177 of
P.J.G. Kapteyn and G. Hirsch, Judges; Advocate General: A. La                the EC Treaty (now Article 234 EC) by the Oberlandesgericht
Pergola; Registrar: H.A. Rühl, Principal Administrator, has                  (Higher Regional Court) Linz, Austria, for a preliminary ruling
given a judgment on 27 January 2000, in which it has ruled:                  in the proceedings pending before that court between Volker