Judgment_paragraph 5 · G. van den Berg v Council of the European Union and Commission of the European Communities (C-164/01 P)

5In its judgments in Case 120/86 Mulder [1988] ECR 2321 (‘Mulder I’) and Case 170/86 von Deetzen [1988] ECR 2355, the Court ruled that Regulation No 857/84, as supplemented by Commission Regulation (EEC) No 1371/84 of 16 May 1984 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68 (OJ 1984 L 132, p. 11), was invalid in so far as it did not provide for the allocation of a reference quantity to producers who, pursuant to an undertaking entered into under Council Regulation (EEC) No 1078/77 of 17 May 1977, did not deliver any milk during the reference year adopted by the Member State concerned.