CELEX: C1998/340/28
Language: en
Date: 1998-11-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 September 1998 in Case T-112/95: Peter Dethlefs and Others v. Council of the European Union and Commission of the European Communities (Claims for compensation - Non-contractual liability - Milk - Additional levy - Producers who have entered into non-marketing or conversion undertakings - Compensation - Regulation (EEC) No 2187/93 - Interest)

C 340/16              EN                 Official Journal of the European Communities                                   7.11.98
Loesch & Wolter, 11 Rue Goethe, supported by United                 stetten, Frank Schulze and Winfried Haneklaus, Rechtsan-
Kingdom of Great Britain and Northern Ireland (Agents:              wälte, Münster, with an address for service in
Lindsey Nicoll, Kenneth Parker and Rhodri Thompson)                 Luxembourg at the Chambers of Dupong & Dupong, 4Ð
against Commission of the European Communities                      6 Rue de la Boucherie, against Council of the European
(Agents: initially Jean-Paul Keppenne and Paul Nemitz,              Union (Agent: Arthur Brautigam) and Commission of the
subsequently Paul Nemitz and Nicholas Khan), supported              European Communities (Agents: Dierk Booû, Hans-Jürgen
by Italian Republic (Agents: Umberto Leanza and                     Rabe and Georg M. Berrisch) Ð application, under
Maurizio Fiorilli), and by ENI SpA, established in Rome,            Articles 178 and 215, second paragraph, of the EC Treaty,
and EniChem SpA, established in Milan (Italy),                      for an order directing the defendants to pay interest at the
represented by Mario Siragusa, of the Rome Bar, and                 rate of 8 % per annum on the amount of compensation
Giuseppe Scassellati-Sforzolini, of the Bologna Bar, with           paid to the applicants pursuant to Council Regulation
an address for service in Luxembourg at the Chambers of             (EEC) No 2187/93 of 22 July 1993 providing for an offer
Elvinger & Hoss, 15 Côte d'Eich Ð application for                   of compensation to certain producers of milk and milk
annulment of the Commission decision of 27 July 1994                products temporarily prevented from carrying on their
regarding aid which Italy has decided to grant to EniChem           trade (OJ L 196 of 5.8.1993, p. 6), together with default
SpA (OJ C 330 of 26.11.1994, p. 7) Ð the Court of First             interest on the amounts thus calculated Ð the Court of
Instance (Second Chamber, Extended Composition),                    First Instance (First Chamber), composed of: B.
composed of: C. W. Bellamy, President, C. P. BrieÈt, R.             Vesterdorf, President, R. M. Moura Ramos and P.
García-Valdecasas, A. Kalogeropoulos and A. Potocki,                Mengozzi, Judges; J. Palacio GonzaÂlez, Administrator, for
Judges; J. Palacio GonzaÂlez, Administrator, for the                the Registrar, has given a judgment on 24 September
Registrar, has given a judgment on 15 September 1998, in            1998, in which it:
which it:
1. annuls the Commission's decision of 27 July 1994
    regarding aid which Italy has decided to grant to               1. orders the defendants to pay the applicants Günter
    EniChem SpA in so far as it closes the examination                   Backhaus, Uwe Lorentz and Manfred Mittwede in
    under Article 93(3) of the Treaty of the capital                     respect of the period between 20 April and 28 June
    injection of LIT 3 000 billion to which it refers;                   1994 interest at the rate of 8 % per annum on the
                                                                         compensation paid to them under Council Regulation
                                                                         (EEC) No 2187/93 of 22 July 1993 providing for an
2. dismisses the       remainder     of the  application   as            offer of compensation to certain producers of milk and
    inadmissible;                                                        milk products temporarily prevented from carrying on
                                                                         their trade;
3. orders the Commission to bear its own costs and to
    pay two-thirds of the applicant's costs, and orders the
    applicant to bear one-third of its own costs;
                                                                    2. orders the defendants to pay the applicant Paul
4. orders the United Kingdom, the Italian Republic, ENI                  Gövert in respect of the period between 9 May and
    SpA and EniChem SpA to bear their own costs.                         3 August 1994 interest at the rate of 8 % per annum
                                                                         on the compensation paid to him under that
                                                                         regulation;
(1) OJ C 87 of 8.4.1995.
                                                                    3. orders the defendants to pay to all the other applicants
                                                                         in respect of the period between 20 April and 3 August
                                                                         1994 interest at the rate of 8 % per annum on the
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                compensation paid to them under that regulation;
                    of 24 September 1998
in Case T-112/95: Peter Dethlefs and Others v. Council of
the European Union and Commission of the European
                        Communities (1)                             4. orders interest at the rate of 6 % per annum to be paid
                                                                         on those amounts with effect from the date of this
(Claims for compensation Ð Non-contractual liability Ð                   judgment;
Milk Ð Additional levy Ð Producers who have entered
into non-marketing or conversion undertakings Ð
Compensation Ð Regulation (EEC) No 2187/93 Ð
                            Interest)                               5. orders each of the parties to bear his own costs.
                         (98/C 340/28)
                                                                    (1) OJ C 208 of 12.8.1995.
               (Language of the case: German)
In Case T-112/95: Peter Dethlefs and Others, represented
by Bernd Meisterernst, Mechthild Düsing, Dietrich Man-