CELEX: C2001/134/33
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 31 January 2001 in Case T-143/97: Gerhardus van den Berg 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 — Transfer of the quota to another holding)

C 134/16                EN                      Official Journal of the European Communities                                        5.5.2001
2.     Orders the applicant to bear its own costs and pay those of the         JUDGMENT OF THE COURT OF FIRST INSTANCE
       Commission and of the intervener Péchiney Électrométallurgie.
                                                                                                  of 31 January 2001
( 1) OJ C 74 of 8.3.97.
                                                                           in Joined Cases T-197/97 and T-198/97: Weyl Beef Prod-
                                                                           ucts BV and Others v Commission of the European
                                                                                                    Communities (1)
                                                                           (Article 85(1) of the EC Treaty (now Article 81(1) EC) —
                                                                           Action for annulment — Rejection of a complaint —
                                                                           Community interest — Relationship between Article 85 and
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Article 92 of the EC Treaty (now, after amendment,
                                                                                                     Article 87 EC))
                        of 31 January 2001
                                                                                                    (2001/C 134/34)
in Case T-143/97: Gerhardus van den Berg v Council of
the European Union and Commission of the European
                          Communities (1)                                                      (Language of the case: Dutch)
(Action for damages — Non-contractual liability — Milk —                   In Joined Cases T-197/99 and T-198/97: Weyl Beef Products
Additional levy — Reference quantity — Producer having                     BV, established at Enschede, Netherlands, represented by
entered into a non-marketing undertaking — Transfer of                     E.H. Pijnacker Hordijk, of the Amsterdam Bar, and S.B. Noë,
                   the quota to another holding)                           of the Rotterdam Bar, applicant in Case T-197/97, Exportslach-
                                                                           terij Chris Hogeslag BV, established at Holten, Netherlands,
                          (2001/C 134/33)                                  represented by A.P.J.M. de Bruyn, of the Zutphen Bar, Gronin-
                                                                           ger Vleeshandel BV, established at Groningen, Netherlands, in
                                                                           liquidation, represented by J.J. van der Molen, liquidator
                                                                           appointed by the courts, represented initially by A.P.J.M. de
                     (Language of the case: Dutch)
                                                                           Bruyn, of the Zutphen Bar, and subsequently by P.E. Mazel, of
                                                                           the Leeuwarden Bar, with an address for service in Luxembourg
In Case T-143/97: Gerhardus van den Berg, residing in Dalfsen              at the Chambers of Bonn and Schmitt, 7 Val Sainte-Croix,
(Netherlands), represented by E.H. Pijnacker Hordijk, of the               applicants in Case T-198/97, against Commission of the
Amsterdam Bar, with an address for service in Luxembourg at                European Communities (Agents: W. Wils and G. van der Wal)
the Chambers of L. Frieden, 62 Avenue Guillaume, v Council                 supported by Produktschap voor Vee en Vlees and Stichting
of the European Union (Agents: A.-M. Colaert and J.-P. Hix)                Saneringsfonds Runderslachterijen, both established at
and Commission of the European Communities (Agent: T. van                  Rijswijk, Netherlands, represented by I.W. VerLoren van
Rijn) — application for compensation under Article 178 and                 Themaat, of the Amsterdam Bar, with an address for service in
the second paragraph of Article 215 of the EC Treaty (now                  Luxembourg at the Chambers of C. Medernach, 8-10 Rue
Article 235 EC and the second paragraph of Article 288 EC)                 Mathias Hardt — application in Case T-197/97, for annulment
for damage suffered by the applicant as a result of his having             of the Commission’s decision of 23 April 1997 (case
been prevented from marketing milk by virtue of Council                    No IV/35.591/F-3 — Weyl/PVV+SSR) rejecting an application
Regulation (EEC) No 857/84 of 31 March 1984 adopting                       made by the applicant on 14 June 1995 and, in Case
general rules for the application of the levy referred to in               T-198/97, for annulment of the Commission’s decision of
Article 5c of Regulation (EEC) No 804/68 in the milk and milk              23 April 1997 (case No IV/35.634/F-3 — Hogeslag-Gronin-
products sector (OJ 1984 L 90, p. 13), as supplemented by                  ger/PVV+SSR) rejecting an application made by the applicants
Commission Regulation (EEC) No 1371/84 of 16 May 1984                      on 30 June 1995 — the Court of First Instance (Fourth
laying down detailed rules for the application of the additional           Chamber), composed of: V. Tiili, President, R.M. Moura Ramos
levy referred to in Article 5c of Regulation (EEC) No 804/68               and P. Mengozzi, Judges; G. Herzig, Administrator, for the
(OJ 1984 L 132, p. 11) — the Court of First Instance (Fourth               Registrar, has given a judgment on 31 January 2001, in which
Chamber), composed of: V. Tiili, President, R.M. Moura Ramos               it:
and P. Mengozzi, Judges; J. Palacio González, Administrator,
for the Registrar, has given a judgment on 31 January 2001,                1.    Dismisses the actions;
in which it:
                                                                           2.    Orders the applicants to bear their own costs as well as those
1.     Dismisses the application as inadmissible;                                incurred by the Commission;
2.     Orders the applicant to pay the costs.                              3.    Orders the interveners to bear their own costs.
(1) OJ C 199 of 28.6.1997.                                                 (1) OJ C 252 of 16.8.97.