CELEX: C1995/208/58
Language: en
Date: 1995-08-12 00:00:00
Title: Action brought on 17 March 1995 by Jean-Pierre Landuyt against the Commission of the European Communities (Case T-94/95)

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