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	Číslo (Kód CELEX): Number (CELEX Code):		61989J0104

	Název: Title:		JUDGMENT OF THE COURT OF 19 MAY 1992. J. M. MULDER AND OTHERS AND OTTO HEINEMANN V COUNCIL OF THE EUROPEAN COMMUNITIES AND COMMISSION OF THE EUROPEAN COMMUNITIES. ADDITIONAL LEVY ON MILK - NON-CONTRACTUAL LIABILITY. JOINED CASES C-104/89 AND C-37/90.

	Publikace: Publication:		REPORTS OF CASES 1992 PAGES I-3061

	Předmět (klíčová slova): Keywords		AGRICULTURE;MILK PRODUCTS;LIABILITY;

	Související předpisy: Corresponding acts:

	Odkaz na souvisejicí judikáty: Corresponding Judgements:


	Plný text: Fulltext:		Ne

Fakta:

Názor soudu a komentář:

Shrnutí (Summary of the Judgment):
1. THE COMMUNITY CANNOT INCUR NON-CONTRACTUAL LIABILITY ON ACCOUNT OF DAMAGE CAUSED BY A LEGISLATIVE MEASURE ADOPTED BY ONE OF ITS INSTITUTIONS UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED. IN A LEGISLATIVE FIELD CHARACTERIZED BY THE EXERCISE OF A WIDE DISCRETION ESSENTIAL FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY, THE COMMUNITY CANNOT INCUR LIABILITY UNLESS THE INSTITUTION CONCERNED HAS MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS AND THE DAMAGE ALLEGED HAS GONE BEYOND THE BOUNDS OF THE NORMAL ECONOMIC RISKS INHERENT IN THE ACTIVITIES IN THE SECTOR CONCERNED.

2. THE CONDITIONS REQUIRED IN ORDER FOR THE COMMUNITY TO INCUR NON-CONTRACTUAL LIABILITY ARE FULFILLED IN THE CASE OF REGULATION NO 857/84 ADOPTING GENERAL RULES FOR THE APPLICATION OF THE ADDITIONAL LEVY ON MILK, AS SUPPLEMENTED BY REGULATION NO 1371/84, SINCE THOSE REGULATIONS WERE ADOPTED IN BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS, WHICH IS A GENERAL AND SUPERIOR PRINCIPLE OF COMMUNITY LAW FOR THE PROTECTION OF THE INDIVIDUAL. IN SO FAR AS IT FAILED COMPLETELY, WITHOUT INVOKING ANY HIGHER PUBLIC INTEREST, TO TAKE ACCOUNT OF THE SPECIFIC SITUATION OF A CLEARLY DEFINED GROUP OF ECONOMIC AGENTS, THAT IS TO SAY, PRODUCERS WHO, PURSUANT TO AN UNDERTAKING GIVEN UNDER REGULATION NO 1078/77 INTRODUCING A SYSTEM OF PREMIUMS FOR THE NON-MARKETING OF MILK AND THE CONVERSION OF DAIRY HERDS, DELIVERED NO MILK DURING THE REFERENCE YEAR, THE COMMUNITY LEGISLATOR MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS OF ITS DISCRETIONARY POWER, THEREBY COMMITTING A SUFFICIENTLY SERIOUS BREACH OF A SUPE
RIOR RULE OF LAW.

3. THE COMMUNITY CANNOT INCUR NON-CONTRACTUAL LIABILITY ON ACCOUNT OF THE FACT THAT REGULATION NO 764/89 PROVIDED THAT MILK PRODUCERS WHO, PURSUANT TO AN UNDERTAKING GIVEN UNDER REGULATION NO 1078/77 INTRODUCING A SYSTEM OF PREMIUMS FOR THE NON-MARKETING OF MILK AND THE CONVERSION OF DAIRY HERDS, DID NOT DELIVER ANY MILK DURING THE REFERENCE YEAR, WERE TO OBTAIN, IN CERTAIN CIRCUMSTANCES, A SPECIAL REFERENCE QUANTITY EQUAL TO 60% OF THE QUANTITY OF MILK DELIVERED DURING THE TWELVE MONTHS PRECEDING THE MONTH IN WHICH THE APPLICATION FOR THE NON-MARKETING PREMIUM WAS MADE. ADMITTEDLY, THAT RULE INFRINGES THE LEGITIMATE EXPECTATION OF THE PRODUCERS CONCERNED WITH REGARD TO THE LIMITED NATURE OF THEIR NON-MARKETING OR CONVERSION UNDERTAKING. HOWEVER, THE BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS FOUND TO EXIST CANNOT BE DESCRIBED AS BEING SUFFICIENTLY SERIOUS, SINCE, ALTHOUGH THE REGULATION CONCERNED WAS UNLAWFUL IN SO FAR AS IT LAID DOWN THE 60% RULE, IT ENABLED THE PRODUCERS CONCERNED
TO RESUME THEIR ACTIVITIES. CONSEQUENTLY, THE COMMUNITY LEGISLATOR DID NOT FAIL TO TAKE THE SITUATION OF THE PRODUCERS CONCERNED INTO ACCOUNT. IN ADDITION, BY ADOPTING REGULATION NO 764/89 THE COMMUNITY LEGISLATOR MADE AN ECONOMIC-POLICY CHOICE WITH REGARD TO THE MANNER IN WHICH IT WAS NECESSARY TO IMPLEMENT THE PRINCIPLES SET OUT IN THE COURT' S JUDGMENTS IN CASE 120/86 AND CASE 170/86. THAT CHOICE WAS BASED, ON THE ONE HAND, ON THE OVERRIDING NECESSITY OF NOT JEOPARDIZING THE FRAGILE STABILITY OBTAINING IN THE MILK PRODUCTS SECTOR AND, ON THE OTHER, ON THE NEED TO STRIKE A BALANCE BETWEEN THE INTERESTS OF THE PRODUCERS CONCERNED AND THE INTERESTS OF THE OTHER PRODUCERS SUBJECT TO THE MILK QUOTA SCHEME. IN MAKING THAT CHOICE, THE COMMUNITY LEGISLATOR TOOK ACCOUNT OF A HIGHER PUBLIC INTEREST, WITHOUT GRAVELY AND MANIFESTLY DISREGARDING THE LIMITS OF ITS DISCRETIONARY POWER IN THIS AREA.

4. IN ORDER TO CALCULATE THE DAMAGE SUSTAINED BY MILK PRODUCERS WHO WERE UNLAWFULLY DEPRIVED OF REFERENCE QUANTITIES UNDER THE SYSTEM OF THE ADDITIONAL LEVY ON MILK AFTER THEY HAD SUSPENDED DELIVERIES UNDER THE SYSTEM OF NON-MARKETING OR CONVERSION PREMIUMS WHICH THE COMMUNITY IS UNDER A DUTY TO MAKE GOOD BY VIRTUE OF ITS NON-CONTRACTUAL LIABILITY, ACCOUNT SHOULD BE TAKEN, IN THE ABSENCE OF PARTICULAR CIRCUMSTANCES WARRANTING A DIFFERENT ASSESSMENT, OF THE LOSS OF EARNINGS CONSISTING IN THE DIFFERENCE BETWEEN, ON THE ONE HAND, THE INCOME WHICH THE PRODUCERS CONCERNED WOULD HAVE OBTAINED FROM THE MILK DELIVERIES WHICH THEY WOULD HAVE MADE IF, DURING THE PERIOD IN WHICH NO REFERENCE QUANTITY WAS ORIGINALLY PROVIDED FOR THEM, THEY HAD OBTAINED THE REFERENCE QUANTITIES TO WHICH THEY WERE ENTITLED AND, ON THE OTHER HAND, THE INCOME WHICH THEY ACTUALLY OBTAINED FROM MILK DELIVERIES MADE DURING THAT PERIOD IN THE ABSENCE OF ANY REFERENCE QUANTITY, PLUS ANY INCOME WHICH THEY OBTAINED, OR COULD HAVE OBTAINED, DURING T
HAT PERIOD FROM ANY REPLACEMENT ACTIVITIES WHICH THEY SHOULD HAVE UNDERTAKEN IN ORDER TO LIMIT THE EXTENT OF THEIR LOSS. THE AMOUNT OF COMPENSATION THUS DETERMINED MUST BE SUBJECT TO INTEREST AS FROM THE DATE OF THE JUDGMENT ESTABLISHING THE OBLIGATION ON THE PART OF THE COMMUNITY TO MAKE GOOD THE DAMAGE.

Plný text judikátu (Entire text of the Judgment):