Order of the Court (Sixth Chamber) of 21 March 2002 in Case C-430/01 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): Monika Herbstrith v Republic of Austria (Reference for a preliminary ruling — Inadmissibility)
Date: 2002-10-12
Institutions: Court of Justice
Subjects: EU law, appointment of staff, interpretation of the law, professional qualifications

C 247/2

EN

Official Journal of the European Communities

12.10.2002

ORDER OF THE COURT

The applicant claims that the Court should:

(Sixth Chamber)

of 21 March 2002

in Case C-430/01 (reference for a preliminary ruling from
the Landesgericht für Zivilrechtssachen Wien): Monika
Herbstrith v Republic of Austria (1)

(Reference for a preliminary ruling — Inadmissibility)

(2002/C 247/02)

(Language of the case: German)

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

(Austria),

In Case C-430/01: reference to the Court under Article 234
EC from the Landesgericht für Zivilrechtssachen Wien (Vienna
Higher Civil Court)
for a preliminary ruling in
proceedings pending before that court between Monika
Herbstrith and the Republic of Austria on whether the failure
to appoint to a post a candidate with the required professional
qualifications infringes a provision of Community law, and on
the conditions under which a Member State may incur liability
for damage suffered by individuals as a result of infringements
of Community law — the Court (Sixth Chamber), composed of:
F. Macken, President of the Chamber, N. Colneric, R. Schintgen
(Rapporteur), V. Skouris and J.N. Cunha Rodrigues, Judges;
S. Alber, Advocate General; R. Grass, Registrar, made an order
on 21 March 2002, in which it ruled:

The request
Justice of
Zivilrechtssachen Wien, by decision of 12 October 2001,
inadmissible.

for a preliminary ruling submitted to the Court of
the European Communities by the Landesgericht für
is

( 1) OJ C 109 of 4.5.2002.

Application brought on 22 August 2002 by Antippas for
leave to attach assets held by the Commission of the
European Communities

(Case C-1/02 SA)

(2002/C 247/03)

An application for leave to attach assets held by the Com-
mission of the European Communities was brought before the
the European Communities on on
Court of
22 August 2002 by Antippas, represented by Mario Spandre,
lawyer.

Justice of

— lift the immunity enjoyed by the Commission since the
requested attachment does not in any way interfere with
the independence and functioning of the Communities;

— declare that the Commission’s accounting officer incor-
rectly declared that the Commission has no existing or
contingent debts towards the Democratic Republic of the
Congo or the Banque Nationale du Congo.

Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat Salzburg by order of that Court of
11 February 2002 in the appeal by Dr Manfred Hückel

(Cases C-242/02 and C-243/02)

(2002/C 247/04)

Reference has been made to the Court of
Justice of the
European Communities by order of the Unabhängiger Verwal-
tungssenat Salzburg (Independent Administrative Chamber for
Salzburg) of 11 February 2002, received at the Court Registry
on 3 July 2002, for a preliminary ruling in the appeal by
Dr Manfred Hückel on the following questions:

1. Does Article 2(1)(b) of Council Directive 79/112/EEC of
18 December 1978 (1) on the approximation of the
laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs for sale to
the ultimate consumer (now consolidated in European
Parliament
and Council Directive 2000/13/EC of
20 March 2000 — OJ 2000 L 109, p. 29), under which
— subject to Community provisions applicable to natural
mineral waters and to foodstuffs for particular nutritional
uses — the labelling and methods used may not attribute
to any foodstuff the property of preventing, treating or
curing a human disease, or suggest that it possesses such
properties, preclude national legislation which makes it
an offence when marketing foodstuffs:

(a)

to refer to physiological or pharmacological effects,
in particular those which preserve youthfulness,
inhibit signs of ageing, promote slimming or main-
tain health, or to create the impression of any such
effect;

(b)

to refer to case-histories, recommendations made by
doctors or medical experts’ reports;