CELEX: C2001/134/29
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 31 January 2001 in Case T-533/93: Edouard Bouma v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producer having entered into a non-marketing undertaking — Non-resumption of production on expiry of the undertaking)

C 134/14               EN                    Official Journal of the European Communities                                       5.5.2001
                                                       COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 31 January 2001                                                      of 31 January 2001
in Case T-533/93: Edouard Bouma v Council of the                        in Case T-73/94: Bernard Beusmans v Council of the
European Union and Commission of the European Com-                      European Union and Commission of the European Com-
                            munities (1)                                                            munities (1)
(Action for damages — Non-contractual liability — Milk —                (Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having                  Additional levy — Reference quantity — Producer having
entered into a non-marketing undertaking — Non-resump-                  entered into a non-marketing undertaking — Non-resump-
       tion of production on expiry of the undertaking)                 tion of production on expiry of the undertaking — With-
                                                                                 drawal of the provisional reference quantity)
                         (2001/C 134/29)
                                                                                                 (2001/C 134/30)
                   (Language of the case: Dutch)
                                                                                           (Language of the case: Dutch)
In Case T-533/93: Edouard Bouma, residing in Rutten (Nether-
lands), represented by E.H. Pijnacker Hordijk and H.J. Bronk-           In Case T-73/94: Bernard Beusmans, residing in Noorbeek
horst, of the Amsterdam Bar, with an address for service in             (Netherlands), represented by E.H. Pijnacker Hordijk and
Luxembourg at the Chambers of L. Frieden, 62 Avenue                     H.J. Bronkhorst, of the Amsterdam Bar, with an address for
Guillaume, against Council of the European Union (Agent:                service in Luxembourg at the Chambers of L. Frieden,
A.-M. Colaert) and Commission of the European Communities               62 Avenue Guillaume, against Council of the European Union
(Agent: by T. van Rijn) — application for compensation under            (Agent: A.-M. Colaert) and Commission of the European
Article 178 and the second paragraph of Article 215 of the EC           Communities (Agents: T. van Rijn and H.-J. Rabe) — appli-
Treaty (now Article 235 EC and the second paragraph of                  cation for compensation under Article 178 and the second
Article 288 EC) for damage suffered by the applicant as a               paragraph of Article 215 of the EC Treaty (now Article 235
result of his having been prevented from marketing milk by              EC and the second paragraph of Article 288 EC) for damage
virtue of Council Regulation (EEC) No 857/84 of 31 March                suffered by the applicant as a result of his having been
1984 adopting general rules for the application of the levy             prevented from marketing milk by virtue of Council Regulation
referred to in Article 5c of Regulation (EEC) No 804/68 in the          (EEC) No 857/84 of 31 March 1984 adopting general rules for
milk and milk products sector (OJ 1984 L 90, p. 13), as                 the application of the levy referred to in Article 5c of
supplemented by Commission Regulation (EEC) No 1371/84                  Regulation (EEC) No 804/68 in the milk and milk products
of 16 May 1984 laying down detailed rules for the application           sector (OJ 1984 L 90, p. 13), as supplemented by Commission
of the additional levy referred to in Article 5c of Regulation          Regulation (EEC) No 1371/84 of 16 May 1984 laying down
(EEC) No 804/68 (OJ 1984 L 132, p. 11) — the Court of First             detailed rules for the application of the additional levy referred
Instance (Fourth Chamber), composed of: V. Tiili, President,            to in Article 5c of Regulation (EEC) No 804/68 (OJ 1984
R.M. Moura Ramos and P. Mengozzi, Judges; J. Palacio                    L 132, p. 11) — the Court of First Instance (Fourth Chamber),
González, Administrator, for the Registrar, has given a judg-          composed of: V. Tiili, President, R.M. Moura Ramos and
ment on 31 January 2001, in which it:                                   P. Mengozzi, Judges; J. Palacio González, Administrator, for
                                                                        the Registrar, has given a judgment on 31 January 2001, in
                                                                        which it:
1.    Dismisses the application;
                                                                        1.    Dismisses the application;
2.    Orders the applicant to pay the costs.
                                                                        2.    Orders the applicant to pay the costs.
(1) OJ C 334 of 9.12.93.
                                                                        (1) OJ C 90 of 26.3.94.