Order of the Court (Fifth Chamber) of 11 February 2004 in Case C-180/03 P: Benito Latino v Commission of the European Communities
Date: 2004-04-17
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), infringement of EU law, occupational disease, regulations for civil servants

17.4.2004

EN

Official Journal of the European Union

C 94/17

ORDER OF THE COURT

(First Chamber)

of 10 February 2004

in Case C-85/03 (reference for a preliminary ruling from
the Polymeles Protodikeio Athinon): Mavrona & Sia OE v
Delta Etaireia Symmetochon AE (1)

(Article 104(3) of the Rules of Procedure — Directive
86/653/EEC — Coordination of the laws of the Member
States relating to self-employed commercial agents —
Applicability to commercial agents)

(2004/C 94/34)

(Language of the case: Greek)

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

In Case C-85/03: reference to the Court under Article 234 EC
from the Polymeles Protodikeio Athinon (Greece) for a preli-
minary ruling in the proceedings pending before that court
between Mavrona & Sia OE and Delta Etaireia Symmetochon
AE — on the interpretation of Council Directive 86/653/EEC
of 18 December 1986 on the coordination of the laws of the
Member States relating to self-employed commercial agents (OJ
L 382, p. 17) Ä the Court (First Chamber), composed of: P.
Jann, President of the Chamber (Rapporteur), A. La Pergola, S.
von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges; L.A.
Geelhoed, Advocate General; R. Grass, Registrar, has made an
order on 10 February 2004, in which it has ruled:

Council Directive 86/653/EEC of 18 December 1986 on the
coordination of the laws of the Member States relating to self-
employed commercial agents must be interpreted as meaning
that persons who act on behalf of a principal, but in their own
name, do not come within the scope of that directive.

(1) OJ No C 112,10.5.2003

ORDER OF THE COURT

(Fifth Chamber)

of 11 February 2004

in Case C-180/03 P: Benito Latino v Commission of the
European Communities (1)

(Appeal — Officials — Occupational disease — Recogni-
tion of the occupational origin of arthrosis-related damage
— Validity of the opinion of the Medical Committee —
Exhaustion of the latter's competence and requirement
that it act impartially — Article 119 of the Rules of Proce-
dure)

and K. Delvolvé) — appeal against the judgment of the Court
of First Instance of the European Communities (First Chamber)
of 26 February 2003 in Case T-145/01 Latino v Commission
(not yet published in the ECR), seeking to have that judgment
set aside, the other party to the proceedings being: Commission
of the European Communities (Agent: J. Currall, assisted by J.-F.
Fagnart) — the Court
(Fifth Chamber), composed of C.
Gulmann, President of the Chamber, S. von Bahr and R. Silva
de Lapuerta (Rapporteur), Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, has made an order on 11 February
2004, the operative part of which is as follows:

1. The appeal is dismissed.

2. Mr Latino is ordered to pay the costs.

(1) OJ C 158 of 5.7.2003.

ORDER OF THE COURT OF JUSTICE

(Fourth Chamber)

of 9 December 2003

in Case C-224/03: Italian Republic v Commission of the
European Communities (1)

(Transition from ECSC regime to EC regime — Applica-
tion for a declaratory finding — Lack of jurisdiction of the
Court)

(2004/C 94/36)

(Language of the case: Italian)

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

Italian Republic (Agent:

In Case C-224/03:
I.M. Braguglia,
assisted by M. Fiorilli), with an address for service in Luxem-
bourg, against Commission of
the European Communities
(Agents: L. Pignataro and A. Whelan) — application for a
declaration that, under Article 97 CS, with effect from 24 July
2002 the powers and competence of the Commission of the
European Communities in the sectors assigned under the ECSC
Treaty to the High Authority have lapsed, with the result that
any measure adopted or to be adopted by it in those sectors
which have not formed the subject-matter of a new agreement
by the signatory states is to be deemed null and void and of no
effect — the Court of Justice (Fourth Chamber), composed of
J.N. Cunha Rodrigues, President of the Chamber, F. Macken and
K. Lenaerts (Rapporteur), Judges; Advocate General: D. Ruiz-
Jarabo Colomer; R. Grass, Registrar, made an order on 9
December 2003, the operative part of which is as follows:

(2004/C 94/35)

1) The application is dismissed.

(Language of the case: French)

2) The Italian Republic is ordered to pay the costs.

In Case C-180/03 P; Benito Latino, a former official of the
residing at
Commission of
Sérignac-Peboudou (France) (lawyers: J.R. Iturriagagoitia Bassas

the European Communities,

(1) OJ 2003 C 184