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24.1.

98 EN Official Journal of the European Communities C 26/5

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE
of 27 November 1997 of 9 December 1997
in Case T-290/94: Kaysersberg SA v. Commission of the
European Communities (1) in Joined Cases T-195/94 and T-202/94: Friedhelm
Quiller and Johann Heusmann v. Commission of the
(Competition Ð Regulation (EEC) No 4064/89 Ð European Communities (1)
Decision declaring a concentration to be compatible with
the common market Ð Commitments Ð Feminine (Action for damages Ð Non-contractual liability Ð Milk
hygiene products Ð Action for annulment Ð Ð Additional levy Ð Reference quantity Ð Regulation
Admissibility Ð Infringement of essential procedural (EEC) No 2055/93 Ð Compensation for producers Ð
requirements Ð Consultation of third parties Ð Limitation period)
Dominant position)
(98/C 26/10)
(98/C 26/09)

(Language of the case: French)


(Language of the case: German)

In Case T-290/94: Kaysersberg SA, established in


Kaysersberg (France), represented by Dominique Voillemot
and Jacques-Philippe Gunther, of the Paris Bar, with an In Joined Cases T-195/94 and T-202/94: Friedhelm Quiller,
address for service in Luxembourg at the chambers of of Lienen (Germany), and Johann Heusmann, of Loxstedt
Jacques Loesch, 11 Rue Goethe against Commission of (Germany), represented by Bernd Meisterernst, Mechtild
the European Communities (Agents: represented initially Düsing, Dietrich Manstetten, Frank Schulze and Winfried
by Francisco GonzaÂlez Díaz and GeÂraud de Bergues, Haneklaus, Rechtsanwälte, Münster, with an address for
subsequently by Giuliano Marenco and Guy Charrier), service in Luxembourg at the Chambers of Lambert
supported by Procter & Gamble GmbH, established in Dupong and Guy Konsbruck, 14 A Rue des Bains, v.
Schwalbach (Germany), represented by Mario Siragusa, of Council of the European Union (Agents: Arthur
the Rome Bar, Giuseppe Scasselati-Sforzolini, of the Brautigam, Hans-Jürgen Rabe and Georg M. Berrisch) Ð
Bologna Bar, and Nicholas Levy, barrister, of the Bar of application for compensation, under Article 178 and the
England and Wales, with an address for service in second paragraph of Article 215 of the EC Treaty, for
Luxembourg at the chambers of Elvinger and Hoss, 2 damage suffered by the applicants as a result of their
Place Winston Churchill Ð application for the annulment being prevented from marketing milk by virtue of Council
of Commission Decision 94/893/EC of 21 June 1994 Regulation (EEC) No 857/84 of 31 March 1984 adopting
relating to a proceeding under Council Regulation (EEC) general rules for the application of the levy referred to in
No 4064/89 declaring a concentration to be compatible Article 5c of Regulation (EEC) No 804/68 in the milk and
with the common market and the functioning of the EEA milk products sector (OJ L 90, 1.4.1984, p. 13), as
Agreement (IV/M.430 Ð Procter & Gamble/VP supplemented by Commission Regulation (EEC) No 1371/
Schickedanz (II), (OJ 1994 L 354, p. 32) Ð the Court of 84 of 16 May 1984 (OJ L 132, 18.5.1984, p. 11),
First Instance of the European Communities (Second amended by Council Regulation (EEC) No 764/89 of
Chamber, Extended Composition), composed of C. W. 20 March 1989 (OJ L 84, 29.3.1989, p. 2) Ð the Court
Bellamy, President, C. P. BrieÈt, A. Kalogeropoulos, A. of First Instance (First Chamber, Extended Composition),
Potocki and M. Jaeger, Judges, Registrar: J. Palacio composed of: A. Saggio, President, C. P. BrieÈt, A.
GonzaÂlez, Administrator, has given a judgment on Kalogeropoulos, V. Tiili and R. M. Moura Ramos; A.
27 November 1997, in which it: Mair, Administrator, for the Registrar, gave a judgment on
9 December 1997 in which it:

1. dismisses the application;

1. orders the defendants to pay compensation for the


2. orders the applicant to pay the costs, including the damage suffered by the applicants, first, as a result of
costs incurred by the intervener, P&G. the application of Council Regulation (EEC) No 857/
84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of
(1) OJ C 316, 12.11.1994.
Regulation (EEC) No 804/68 in the milk and milk
products sector, as supplemented by Commission
Regulation (EEC) No 1371/84 of 16 May 1984 laying
down detailed rules for the application of the
C 26/6 EN Official Journal of the European Communities 24.1.98

additional levy referred to in Article 5c of Regulation AssimileÂes de Wallonie ASBL (FeÂd. Horeca-Wallonie),
(EEC) No 804/68, in so far as those Regulations did established in Namur (Belgium), represented by Gilles
not make provision for the allocation of a reference BouneÂou, of the Luxembourg Bar, and by Jean Materne
quantity to holdings subject to an undertaking given and Alain Bernard, of the LieÁge Bar, with an address for
under Council Regulation (EEC) No 1078/77 of service in Luxembourg at the chambers of Gilles BouneÂou,
17 May 1977 introducing a system of premiums for 15 Avenue du Bois, against Commission of the European
the non-marketing of milk and milk products and for Communities (Agent: GeÂrard Rozet) Ð application,
the conversion of dairy herds, where the producers primarily, for the annulment of the Commission decision,
had not delivered milk during the reference year addressed to the Kingdom of Belgium by letter SG(96) D/
adopted by the Member State concerned, and, second, 8253 of 24 September 1996, not to raise any objection to
as a result of application of the same Regulation the implementation by the Wallonia region of a draft
(EEC) No 857/84, as amended by Council Regulation decree on social tourism Ð the Court of First Instance
(EEC) No 764/89 of 20 March 1989, in so far as the (Second Chamber, Extended Composition), composed of:
second indent of Article 3a(1) excluded the allocation A. Kalogeropoulos, President, C. P. BrieÈt, C. W. Bellamy,
of a special reference quantity to the transferees A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
of a premium granted under Regulation (EEC) made an order on 20 November 1997 in which it:
No 1078/77;

1. dismisses the application as inadmissible;


2. declares that the period for which the applicants must
be compensated for the damage suffered as a result of
the application of Regulation (EEC) No 857/84 is, in 2. orders the applicant to pay the costs.
Case T-195/94, the period from 12 January 1989 to
28 July 1993 and, in Case T-202/94, the period from
(1) OJ C 166, 31.5.1997.
3 September 1987 to 31 January 1993;

3. orders the parties to forward to the Court, within 12


months from this judgment, details of the amounts to
be paid, as agreed by the parties;
ORDER OF THE COURT OF FIRST INSTANCE
4. orders the parties, if no agreement is reached, to (First Chamber, Extended Composition)
submit to the Court their views as to the amounts
of 24 November 1997
which should be awarded;
in Case T-266/94 (92): Foreningen af Jernskibs- og
Maskinbyggerier i Danmark, Skibsvñrftsforeningen and
5. reserves the costs. others v. Commission of the European Communities (1)
(State aids Ð Shipbuilding Ð Taxation of costs)
(1) OJ C 188, 9.7.1994 and OJ C 218, 6.8.1994.
(98/C 26/12)

(Language of the case: English)

In Case T-266/94 (92): Foreningen of Jernskibs- og


ORDER OF THE COURT OF FIRST INSTANCE
Maskinbyggerier i Danmark, Skibsvñrftsforeningen, with
of 20 November 1997 its registered office in Copenhagen, Assens Skibsvñrft A/S,
established in Assens (Denmark), Burmeister & Wain
in Case T-85/97: Interprovinciale des FeÂdeÂrations Skibsvñrft A/S, established in Copenhagen, Danyard A/S,
d'Hoteliers, Restaurateurs, Cafetiers et Entreprises established in Frederikshavn (Denmark), Fredericia
AssimileÂes de Wallonie ASBL (FeÂd. Horeca-Wallonie) v. Skibsvñrft A/S, established in Fredericia (Denmark),
Commission of the European Communities (1) Odense Staalskibsvñrft A/S, established in Odense
(Procedure Ð Time limits Ð Method of calculation Ð (Denmark), Svendborg Vñrft A/S, established in
Inadmissibility) Svendborg (Denmark), érskov Christensens
Staalskibsvñrft A/S, established in Frederikshavn, and
(98/C 26/11) Aarhus Flydedok A/S, established in Šrhus (Denmark),
represented by Jan-Erik Svensson, advokat of the
Copenhagen Bar, with an address for service in
(Language of the case: French) Luxembourg at the chambers of Philippe Dupont, 8Ð10
Rue Mathias Hardt, supported by the Kingdom of
Denmark (Agent: Peter Biering) against the Commission of
In Case T-85/97: Interprovinciale des FeÂdeÂrations the European Communities (Agents: Anders Christian
d'Hoteliers, Restaurateurs, Cafetiers et Entreprises Jessen and Ben Smulders), supported by the Federal