CELEX: C1995/208/57
Language: en
Date: 1995-08-12 00:00:00
Title: Action brought on 17 March 1995 by Bernard Laga against the Commission of the European Communities (Case T-93/95)

12 . 8 . 95            EN                  Official Journal of the European Communities                                  No C 208/25
    ORDER OF THE COURT OF FIRST INSTANCE                              — order the defendant to pay the applicant the sum of sixty
                        of 21 June 1995                                   thousand French francs ( FF 60 000 ) for irrecoverable
                                                                          costs, or the equivalent in ecus,
in Case T-370/94 : Jacques Vigel v. Commission of the
                  European Communities ( J )                          — order the defendant to pay all the costs .
(Officials — Admissibility — Act adversely affecting an
               official — Promotion procedure)                        Pleas in law and main arguments adduced in support:
                           ( 95/C 208/55 )
                                                                      In 1978 the applicant, who is the manager of a farmers'
                (Language of the case: French)                        association ( GAEC ), received a premium for conversion
                                                                      from dairy herds to the production of beef and veal or
In Case T-370/94 : Jacques Vigel , an official of the                 sheepmeat and in 1991 he was allocated a specific reference
Commission of the European Communities, residing at                   quantity under Regulation ( EEC ) No 857/84 ( x ) and offered
Bergen ( Netherlands ), represented by Constantin Nikis, of           compensation of FF 543 871,13 pursuant to Regulation
the Brussels Bar, with an address for service in Luxembourg           ( EEC ) No 2187/93 ( 2 ); he challenges the decision of the
at the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,           Office National Interprofessionnel du Lait ( National Milk
v. Commission of the European Communities ( Agent: Ana                Trades Board , ONILAIT ) refusing to pay him that
Maria Alves Vieira ) — application for the annulment of               compensation on the ground that his specific reference
Notice to Staff No PE/A/637 of the Petten Joint Research              quantity cannot be regarded as being definitive, since he has
Centre ( Netherlands ) of 20 April 1994 showing that the              never personally resumed milk production . In 1992 the
applicant was not included on the list of persons to be               members of the GAEC settled the constitution of a farming
considered for promotion or an additional step in the 1994            partnership but did not however thereby create a new legal
promotion exercise, and for the award of damages of Bfrs              person .
75 000 as compensation for non-material damage and Bfrs
250 000 as compensation for material damage suffered by               The applicant considers that the contested decision is the
the applicant — the Court of First Instance ( Fourth                  result of a mistaken assessment of the facts of the matter by
Chamber ), composed of: K. Lenaerts, President of the                 the competent authority . From the actual nature of the legal
Chamber, R. Schintgen and R. Garcfa-Valdecasas, Judges,               relationships it must be deduced on the one hand that the
H. Jung, Registrar, has made an order on 21 June 1995 , in            only lawful holder of the reference quantity originally
which it :
                                                                      allocated was the EARL BENIN ( the Benin limited liability
I. dismisses the application as inadmissible;                         farm-holding ) to which all assets necessary for production,
                                                                      in particular the right to the lease on the farm, had been
2 . orders the parties to bear their own costs.                       transferred, and on the other that the EARL BENIN had
                                                                      been turned into a farming partnership without creating a
(M Of No C 380, 31 . 12 . 1994 .                                      new legal person.
                                                                      Accordingly, the contested decision is based on a
                                                                      misinterpretation of the concepts of holding and producer
Action brought on 16 March 1995 by Rene Bebin against                 within the meaning of Regulation ( EEC ) No 3950/92 ( 3 ).
       the Commission of the European Communities                     Furthermore, creating the EARL BENIN and turning it into
                                                                      a farming partnership merely constitute 'a necessary
                         ( Case T-84/95 )                             structural adaptation ' within the meaning of Regulation
                           ( 95/C 208/56 )                            ( EEC ) No 804/68 (4 ) which cannot in any way interfere with
                                                                      controlling milk production .
                (Language of the case: Frenchj
                                                                      (>) OJ  No L 90 , 31 . 3 . 1984 , p . 13 .
An action against the Commission of the European                      (2) OJ  No L 196 , 4 . 8 . 1993 , p . 16 .
Communities was brought before the Court of First                     (3) OJ  No L 405 , 31 . 12 . 1992, p. 1 .
Instance of the European Communities on 16 March 1995                 ( ) OJ  English Special Edition 1968(1 ), p. 176 .
by Rene Bebin, joint managing partner in the farming
partnership R. D. M. , resident at Le Rheu ( France ),
represented by Philippe Olive , of the Rennes Bar, with an
address for service in Luxembourg at the Chambers of
Aloyse May, 31 Grand'Rue .
                                                                      Action brought on 17 March 1995 by Bernard Laga against
The applicant claims that the Court should :                                the Commission of the European Communities
— order the Commission of the European Communities to                                            ( Case T-93/95 )
     pay to Rene Bebin, in his capacity as managing partner                                        ( 95/C 208/57 )
     of the farming partnership R. D. M. and for the
     partnership, the sum of five hundred and forty-three
     thousand eight hundred and seventy-one French francs                             (Language of the case: French)
     thirteen centimes ( FF 543 871,13 ) together with interest
     thereon to run from the date of this action and                  An action against the Commission of the European
     capitalization of the interest or its equivalent in ecus ,       Communities was brought before the Court of First
 ---pagebreak--- No C 208/26           EN                      Official Journal of the European Communities                                     12 . 8 . 95
Instance of the European Communities on 16 March 1995                    Action brought on 17 March 1995 by Jean-Pierre Landuyt
by Bernard Laga , who runs a farm as part of the                            against the Commission of the European Communities
Landuyt-Laga farmers ' association ( GAEC ), whose                                                ( Case T-94/95 )
registered office is at Grisolles ( France ), represented by
Jean-Francois Le Petit, of the Rennes Bar, with an address                                          ( 95/C 208/58 )
for service in Luxembourg at the Chambers of Aloyse Mai,
31 Grand'Rue .                                                                            (Language of the case: French)
                                                                         An action against the Commission of the European
The applicant claims that the Court should :                             Communities was brought before the Court of First
                                                                         Instance of the European Communities on 16 March 1995
— order the Commission of the European Communities to                    by Jean-Pierre Landuyt, who runs a farm as part of the
     pay the compensation provided for by the proposal for a             Landuyt-Laga        farmers '    association ( GAEC ),    whose
     Council Regulation COM(93 ) final submitted on                      registered office is at Grisolles ( France ), represented by
     13 May 1993 ( x ) and accordingly should determine the              Jean-Francois Le Petit, of the Rennes Bar, with an address
     amount pursuant to that proposal for a Regulation,                  for service in Luxembourg at the Chambers of Aloyse May,
                                                                         31 Grand'Rue .
— order payment of default interest thereon of 8 % from                  The applicant claims that the Court should :
     19 May 1992 in accordance with Article 12 of that
     proposal for a Regulation,                                          — order the Commission of the European Communities to
                                                                              pay the compensation provided for by the proposal for a
— order the Commission of the European Communities to                         Council Regulation COM(93 ) final submitted on
     pay the sum of fifty thousand French francs ( FF 50 000 )                13 May 1993 (^ and accordingly should determine the
     for irrecoverable costs, or the equivalent in ecus, and all              amount pursuant to that proposal for a Regulation,
     the costs .
                                                                         — order payment of default interest thereon of 8 % from
                                                                              19 May 1992 in accordance with Article 12 of that
Pleas in law and main arguments adduced in support:                           proposal for a Regulation,
The applicant is a farmer who, having given an undertaking               — order the Commission of the European Communities to
not to market milk pursuant to Council Regulation ( EEC )                     pay the sum of fifty thousand French francs ( FF50 000 )
No 1078/77, was allocated a provisional specific reference                    for irrecoverable costs, or the equivalent in ecus, and all
                                                                              the costs .
 quantity in 1989 and offered compensation under
 Regulation ( EEC ) No 2187/93 ; his action centres around
 the decision of the Office National Interprofessionnel du               Pleas in law and main arguments adduced in support:
 Lait ( National Milk Trades Board , ONILAIT) refusing to                The pleas in law and main arguments are the same as those
 pay him that compensation on the ground that his specific                in Case T-93/95 Laga v. Commission .
 reference quantity cannot be regarded as being definitive,
 since he has never personally resumed milk production,                   (') OJ No C 157, 9 . 6 . 1993 , p . 11 .
 contrary to Article 3 ( 3 ) of Regulation ( EEC )
 No 857/ 84 .
                                          tor
 The applicant considers that the contested decision is the
 result of a mistaken assessment of the facts of the matter by            Action brought on 11 April 1995 by the Enosi
 the competent authority. He points out in particular that                Tsimentoviomichanion Ellados against the Commission of
 because the prefectural decision allocating him a provisional                              the European Communities
 specific reference quantity was taken unduly late, he had                                        ( Case T-103/95 )
 already rotated the crops on an area of 188 hectares 20
 centares which he farmed within the Landuyt-Laga farmers '                                           95/C 208/59 )
 association ( GAEC ), planting wheat and colza, whereas a
 maize crop would have been needed in order to feed cattle .                               (Language of the case: Greek)
 That was why the applicant found himself obliged to rent
 cows, which he had to do because he was unable to replenish              An action against the Commission of the European
 a herd in time . Temporary rental of that sort is not in any             Communities was brought before the Court of First
 way contrary to custom and practice, whereas it has been                 Instance of the European Communities on 11 April 1995 by
 established that he possessed the necessary plant for milk               the Enosi Tsimentoviomichanion Ellados ( ETE ), established
 production, and the schedule of analyses performed by                    in Athens , represented by Ioannis Yeorgakis and Maria
 Uriane demonstrates that those cows formed part of the                   Golfinopoulou, of the Athens Bar, with an address for
 applicant's farming operation as a whole .                               service in Luxembourg at the Chambers of Tom Loesch,
                                                                          Avocat, 11 Rue Goethe, L-1011 Luxembourg.
  (M OJ No C 157, 9 . 6 . 1993 , p . 11 .                                 The applicant claims that the Court should :
                                                                          — annul the Commission Decision of 30 November 1994
                                                                               in connection with a proceeding under Article 85 of the