Case C-430/01: Reference for a preliminary ruling by the Landesgericht für Zivilrechtsachen Vienna by order of that court of 12 October 2001 in the case of Prof. Monika Herbstrith v Republic of Austria
Date: 2002-05-04
Institutions: Court of Justice
Subjects: EU law, appointment of staff, interpretation of the law, professional qualifications

C 109/18

EN

Official Journal of the European Communities

4.5.2002

Appeal brought on 6 June 2001 by G. Ojha against the
judgment delivered on 6 arch 2001 by the First Chamber
of the Court of First Instance of the European Communi-
ties in Case T-77/99 Ojha v Commission of the European
Communities

Reference for a preliminary ruling by the Landesgericht
für Zivilrechtsachen Vienna by order of that court of
12 October 2001 in the case of Prof. Monika Herbstrith v
Republic of Austria

(Case C-284/01 P)

(2002/C 109/29)

(Case C-430/01)

(2002/C 109/31)

An appeal against the judgment delivered on 6 March 2001
by the First Chamber of the Court of First Instance of the
European Communities in Case T-77/99 (1)Ojha v Commission
of the European Communities was brought before the Court
of Justice of the European Communities on 6 June 2001 by
G. Ojha. By order of 22 November 2001 the Court of Justice
(First Chamber) dismissed the appeal and ordered Mr Ojha to
bear his own costs.

(1) OJ C 161 of 2.6.2002, p. 16.

Appeal brought on 23 July 2001 by Smanor SA and
Monique and Hubert Ségaud against the order made on
4 July 2001 by the First Chamber of the Court of First
Instance of the European Communities in Case T-123/01
between the parties bringing the present appeal and the
Commission of the European Communities

(Case C-291/01 P)

(2002/C 109/30)

An appeal against the order made on 4 July 2001 by the First
Chamber of the Court of First Instance of the European
Communities in Case T-123/01 between the parties bringing
the present appeal and the Commission of the European
Communities was brought before the Court of Justice of the
European Communities on 23 July 2001 by Smanor SA and
Monique and Hubert Ségaud. By order of 22 November 2001
the Court of Justice (First Chamber) dismissed the appeal and
ordered each of the applicants to bear their own costs.

Reference has been made to the Court of Justice of the
European Communities by order of the Landesgericht für
Zivilrechtssachen Wien (Vienna Higher Civil Court) of
12 October 2001 which was received at the Court Registry on
6 November 2001, for a preliminary ruling in the case of Prof.
Monika Herbstrith v Republic of Austria on the following
questions:

1. Did the conduct described above, viz. the failure to
appoint a candidate despite her professional qualifi-
cations, infringe a provision of directly applicable Com-
munity law and if so, which provision?

2.

If the answer to question 1 is in the affirmative:

Does the infringed provision of directly applicable Com-
munity law give the plaintiff in the original proceedings a
legal right?

3.

If the answer to question 2 is in the affirmative:

Does the request for a preliminary ruling provide the
European Court of Justice with all the information it needs
to determine whether in the circumstances described as
to the original proceedings the national body clearly and
significantly exceeded its discretionary powers, or does it
leave it to the Austrian court requesting the preliminary
ruling to answer this question?

Reference for a preliminary ruling by the Verwaltungsge-
richt Frankfurt am Main by order of 12 November 2001
in the case of Hilde Schönheit against the City of Frankfurt
am Main

(Case C-4/02)

(2002/C 109/32)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
(Administrative Court) Frankfurt am Main of 12 November
2001, received at the Court Registry on 9 January 2002, for a
preliminary ruling in the case of Hilde Schönheit against the
City of Frankfurt am Main on the following questions: