Order of the Court of the Justice of 11 July 2003 in Case C-161/03 (reference for a preliminary ruling by the Commission de conciliation et d'expertise douanière): Administration des douanes v Centrale d'achat française pour l'outre-mer SA (CAFOM), Samsung Electronics France (Reference for a preliminary ruling — Court's lack of jurisdiction)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: certificate of origin, customs inspection, export, import, interpretation of the law

C 7/18

EN

Official Journal of the European Union

10.1.2004

Council Directive 78/687/EEC of 25 July 1978 concerning the
coordination of provisions laid down by law, regulation or adminis-
trative action in respect of the activities of dental practitioners, as
amended by the Act concerning the conditions of accession of the
Republic of Austria, the Republic of Finland and the Kingdom of
Sweden and the adjustments to the Treaties on which the European
Union is founded, properly construed, precludes a national rule
containing a general authorisation for doctors who have not completed
the training required by Article 1 of that directive to carry out the
activities of a dental practitioner, irrespective of the title under which
those activities are carried out.

(1) OJ C 109 of 4.5.2002.

ORDER OF THE COURT OF THE JUSTICE

of 11 July 2003

in Case C-161/03 (reference for a preliminary ruling by
the Commission de conciliation et d’expertise douanière):
Administration des douanes v Centrale d’achat française
pour l’outre-mer SA (CAFOM), Samsung Electronics
France (1)

(Reference for a preliminary ruling — Court’s lack of
jurisdiction)

(2004/C 7/30)

(Language of the case: French)

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

In Case C-161/03: reference to the Court under Article 234 EC
by the Commission de conciliation et d’expertise douanière
(France) for a preliminary ruling in the proceedings between
Administration des douanes and Centrale d’achat française
pour l’outre-mer SA (CAFOM), Samsung Electronics France —
on the interpretation of Article 27 of Protocol No 4 annexed
to the Europe Agreement between the European Communities
and their Member States, of the one part, and the Republic of
Hungary, of the other part, concluded and approved in the
name of the European Communities by Decision 93/743/
Euratom, ECSC, EC of the Council and the Commission of
13 December 1993 (OJ 1993 L 348, p. 1) — the Court,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puisso-
chet, M. Wathelet, R. Schintgen and C.W.A. Timmermans,
Presidents
(Rapporteur),
D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
made an order on 11 July 2003 of which the operative part is
as follows:

of Chambers, C. Gulmann

The Court of Justice of the European Communities clearly has no
jurisdiction to reply to the questions referred by the Commission de
conciliation et d’expertise douanière in its decision of 18 March
2003.

(1) OJ C 135 of 7.6.2003.

Appeal brought on 20 October 2003 by P&O European
Ferries (Vizcaya) SA against the judgment delivered
on 5 August 2003 by the First Chamber (Extended
Composition) of the Court of First Instance of the
European Communities in joined cases T-116/01 between
P&O European Ferries (Vizcaya) SA, supported by Dipu-
tación Foral de Vizcaya, and the Commission of the
European Communities and T-118/01 between Diputa-
ción Foral de Vizcaya, supported by P&O European
Ferries (Vizcaya) SA, and the Commission of the European
Communities

(Case C-442/03 P)

(2004/C 7/31)

An appeal against the judgment delivered on 5 August 2003
by the First Chamber (Extended Composition) of the Court of
First Instance of the European Communities in joined cases
T-116/01 (1) between P&O European Ferries (Vizcaya) SA,
supported by Diputación Foral de Vizcaya, and the Com-
the European Communities and T-118/01 (2)
mission of
between Diputación Foral de Vizcaya, supported by P&O
European Ferries (Vizcaya) SA, and the Commission of the
European Communities, was brought before the Court of
Justice of the European Communities on 20 October 2003 by
P&O European Ferries (Vizcaya) SA, established in Bilbao
(Spain), represented by Sir Jeremy Lever QC and M. Pickford,
Barristers, and J. Ellison, Solicitor.

The Appellant claims that the Court should:

1. make an order setting aside the Court of First Instance’s
judgment of 5 August 2003 and remitting the questions
set out at paragraph 13 of the appeal for determination
by the Court of First Instance;

2. make an order that the Commission pay the Appellant’s

costs of this appeal; and

3. make an order setting aside the order of the Court of First
Instance of 5 August 2003 that the Appellant pay the
Commission’s costs, and reserving reconsideration of
those costs for the Court of First Instance when the case
is remitted to it.