Judgment of the Court (Fifth Chamber) 15 September 1994

In Case C-146/91,

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, D. A. O. Edward, G. C. Rodriguez Iglesias, F. Grévisse and M. Zuleeg (Rapporteur), Judges, Advocate General: W. Van Gerven, Registrar: L. Hewlett, Administrator,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 10 June 1993 at which KYDEP was represented by Antonios Constantopoulos and Philippos Spyropoulos, of the Athens Bar,

after hearing the Opinion of the Advocate General at the sitting on 15 September 1993,

gives the following

Judgment

The basic principles of non-contractual liability

The unlawful nature of the conduct alleged against the Council and the Commission

I — As regards the Commission's telex

A. The binding nature of the telex

B. The alleged incompatibility of the content of the telex with Community law

1. Legal basis of the telex

2. The validity of Regulation No 1707/86

a. The alleged infringement of the principle of nondiscrimination laid down in the second subparagraph of Article 40(3) of the EEC Treaty

b. The alleged infringement of the principle of proportionality

c. The argument based on a manifestly erroneous assessment of the facts

C. The alleged infringement of the principles of the free movement of goods and the freedom to export

II — The imposition of a co-responsibility levy

III — The alleged omissions by the Council and the Commission

A. The Council's alleged omissions

1. The alleged infringement of Article 39(l)(b) and (c) of the Treaty

2. The alleged infringement of Article 40(3), second subparagraph, of the Treaty

3. The alleged infringement of Article 8 of Regulation No 2727/75

B. The Commission's alleged omissions

Costs

1 Language of the case: Greek.