Keywords
Summary

Keywords

1. Actions for damages - Disputes arising from a contract for compensation concluded in the name and on behalf of the Council and the Commission by the competent national authority, in accordance with Regulation No 2187/93 providing for an offer of compensation to certain producers of milk temporarily prevented from carrying on their trade - Jurisdiction of the Court - None

(EC Treaty, Arts 178 and 215, second para. (now Art. 235 EC and Art. 288, second para, EC); Council Regulation No 2187/93)

2. Acts of the institutions - Regulations - Implementation by the Member States - Compensation contracts concluded in accordance with Regulation No 2187/93 providing for an offer of compensation to certain producers of milk temporarily prevented from carrying on their trade - Formal and procedural rules of national law - Principle of the protection of legitimate expectations - Conditions for application

(Council Regulation No 2187/93)

Summary

1. The provisions of the second paragraph of Article 215 and Article 178 of the Treaty (now the second paragraph of Article 288 EC and Article 235 EC) read in conjunction must be interpreted as meaning that the Court of Justice does not have jurisdiction to rule in disputes arising from a contract for compensation concluded in the name and on behalf of the Council and the Commission by the competent national authority, in accordance with Regulation No 2187/93 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying on their trade.

( see para. 50 and operative part 1 )

2. In the absence of any indication in Regulation No 2187/93 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying on their trade, the contracts for compensation concluded pursuant to that regulation are governed by the rules of national law, provided that their application does not prejudice the scope and effectiveness of Community law.

Moreover, Community law does not preclude the application of the principle of legitimate expectations provided for by the national legal order of the Member State concerned for the purposes of assessing the scope of contracts concluded by national authorities in the name and on behalf of the Council and Commission, provided that the Community interest is also taken into account.

( see paras 57, 63 and operative part 2-3 )