Case C-71/02: Reference for a preliminary ruling by the Oberster Gerichtshof (Republic of Austria) by order of that Court of 29 January 2002 in the case of Herbert Karner Industrieauktionen GmbH against Troostwĳk GesmbH
Date: 2002-06-15
Institutions: Court of Justice
Subjects: bankruptcy, dissemination of information, interpretation of the law, preliminary issue, sale

15.6.2002

EN

Official Journal of the European Communities

C 144/13

ORDER OF THE COURT

ORDER OF THE COURT

(Fourth Chamber)

25 April 2002

in Case C-96/01 P: The Galileo Company, Galileo Inter-
national LLC v Council of the European Union (1)

(Third Chamber)

of 13 December 2001

in Case C-309/01 P: Council of the European Union v
Hans McAuley (1)

(Appeals — Officials — Appointment by promotion —
Consideration of the comparative merits — Manifest error of
assessment — Annulment — Appeal manifestly unfounded)

(Air transport — Code of conduct for the use of computerised
reservation systems (CRS) — Purchase of data by groups of
airlines — Action for annulment — Inadmissibility —
in part clearly inadmissible and in part clearly
Appeal

(2002/C 144/19)

(Language of the case: French)

unfounded)

(2002/C 144/18)

(Language of the case: English)

In Case C-96/01 P, The Galileo Company, established in
Swindon (United Kingdom), Galileo International LLC, estab-
lished in Rosemont (United States), (represented by R. Plender,
QC, instructed by K. Holmes and by D. Austin and R. Butler,
solicitors: Appeal against the order of the Court of First
Instance of the European Communities (Second Chamber) of
15 December 2000 in Case T-113/99 Galileo and Galileo
International v Council [2000] ECR II-4141, seeking to have
that order set aside, the other parties to the proceedings being:
Council of the European Union (Agents: A. Lopes Sabino
and M. Bishop), Commission of the European Communities
(Agents: F. Benyon and M. Huttunen) and Amadeus Global
Travel Distribution SA, established in Madrid (Kingdom of
Spain), the Court (Fourth Chamber), composed of: S. von
Bahr, President of
the Chamber, D. A. O. Edward and
C. W. A. Timmermans (Rapporteur), Judges; P. Léger, Advocate
General; R. Grass, Registrar, has made an order on 25 April
2002, the operative part of which is as follows:

1.

2.

The appeal is dismissed.

The Galileo Company and Galileo International LLC are
ordered to pay the costs.

(1) OJ C 134 of 5.5.2001.

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case 309/01 P: Council of the European Union (Agents:
F. Anton and A. Pilette), — appeal against the judgment of the
Court of First Instance of the European Communities, Fourth
Chamber, of 14 June 2002 in Case T-230/99 McAuley v
Council [2001] ECR-SC II-583, seeking to have that judgment
set aside and the rejection of the application submitted at first
instance annulled, the other party to the proceedings being
Hans McAuley, represented by J.-N. Louis et V. Peere, avocats
— the Court
(Third Chamber), composed of F. Macken,
President of Chamber, C. Gulmann and J. N. Cunha Rodrigues
(Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
eral; R. Grass, Registrar, made an order on 13 December 2001,
the operative part of which is as follows:

1.

2.

The appeal is dismissed.

The Council of the European Union shall pay the costs.

(1) OJ C 289 of 13.10.2001.

Reference for a preliminary ruling by the Oberster
Gerichtshof (Republic of Austria) by order of that Court
of 29 January 2002 in the case of Herbert Karner
Industrieauktionen GmbH against Troostwijk GesmbH

(Case C-71/02)

(2002/C 144/20)

Reference has been made to the Court of Justice of the
European Communities by order of the Oberster Gerichtshof

C 144/14

EN

Official Journal of the European Communities

15.6.2002

(Supreme Court) (Republic of Austria) of 29 January 2002,
received at the Court Registry on 4 March 2002,
for a
preliminary ruling in the case of Herbert Karner Industrieauk-
tionen GmbH against Troostwijk GesmbH on the following
question:

Is Article 28 EC to be interpreted as precluding national
irrespective of the truthfulness of infor-
legislation which,
mation, prohibits any reference therein to the fact that the
goods come from assets in a bankruptcy, where, in public
announcements or notifications intended for a large circle of
persons, the notice given states that the goods offered for sale
are from assets in a bankruptcy although the goods in question
no longer form part of the assets in the bankruptcy?

Reference for a preliminary ruling by the Athens Appeal
Court by order of that Court of 31 January 2002 in the
case of the Greek State against Katina Petrova

(Case C-79/02)

(2002/C 144/21)

Reference has been made to the Court of Justice of the
European Communities by order of the Athens Appeal Court
(Greece) of 31 January 2002, received at the Court Registry on
11 March 2002, for a preliminary ruling in the case of the
Greek State against Katina Petrova on the following questions:

The preliminary questions are identical to those in Case C-78/
02.

Reference for a preliminary ruling by the Athens Appeal
Court by order of that Court of 31 January 2002 in the
case of the Greek State against Loukas Vlachos

(Case C-80/02)

(2002/C 144/22)

The preliminary questions are identical to those in Case C-78/
02.

Reference for a preliminary ruling by the Oberster
Gerichtshof (Republic of Austria) by order of that Court
of 31 January 2002 in the case of Eurokeramik Gesell-
schaft mbh & Co KG against Gemeinnützige Salzburger
Wohnbaugesellschaft mbH

(Case C-81/02)

(2002/C 144/23)

Reference has been made to the Court of Justice of the
European Communities by order of the Oberster Gerichtshof
(Republic of Austria) of 31 January 2002, received at the Court
Registry on 11 March 2002, for a preliminary ruling in the
case of Eurokeramik Gesellschaft mbh & Co KG against
Gemeinnützige Salzburger Wohnbaugesellschaft mbH on the
following questions:

1. Does a social housing association established as a limited
liability company of which there are two shareholders,
each a regional or local authority, in carrying out the
objects laid down in its statutes which consist in the
provision of social housing, meet needs in the general
interest not having an industrial or commercial character,
and is the association therefore to be regarded as a body
governed by public law for the purposes of Article 1(b)
of Council Directive 93/37/EEC (1) of 14 June 1993
concerning the coordination of procedures for the award
of public works contracts, where it carries out its activities
with a limited intention to make a profit and is subject to
both competition generally and competition specifically
from other social housing associations, but at the same
time is supported by public funds and is subject to special
State controls?

2.

Is a national procurement law which permits contracting
authorities to exclude tenderers, without giving any
reasons,
from procurement procedures in respect of
works contracts below the Community law threshold
and within a minimal amount of up to, for example,
EUR 10 000, compatible with Community law?

Reference has been made to the Court of Justice of the
European Communities by order of the Athens Appeal Court
(Greece) of 31 January 2002, received at the Court Registry on
11 March 2002, for a preliminary ruling in the case of the
Greek State against Loukas Vlachos on the following questions:

(1) OJ L 199 1993, p. 54.