Case C-58/04: Referencefor a preliminary ruling by the Bundesfinanzhof by order of that Court of 23 October 2003 in the case of Antje Köhler againstFinanzamt Düsseldorf Nord
Date: 2004-04-30
Institutions: Court of Justice
Subjects: interpretation of the law, maritime law, maritime transport, right to stopover, vessel

C 106/18

EN

Official Journal of the European Union

30.4.2004

ORDER OF THE COURT OF JUSTICE

(Fifth Chamber)

of 19 March 2004

zioni SpA, Pasqualina Murgulo v Assitalia Assicurazioni
SpA, Vincenzo Manfredi v Lloyd Adriatico Assicurazioni
SpA, Nicolò Tricarico v Assitalia Assicurazioni SpA (1)

(Reference for a preliminary ruling — Inadmissibility)

in Case C–196/03 P: Arnaldo Lucaccioni v Commission of
the European Communities (1)

(2004/C 106/32)

(Language of the case: Italian)

(‘Appeals — Officials — Action for damages — Admissi-
bility’)

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

(2004/C 106/31)

(Language of the case: Italian)

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

In Case C-196/03 P: Arnaldo Lucaccioni, a former official of
the Commission of the European Communities, residing in St-
Leonards-on-Sea (United Kingdom), represented by M. Cimino,
appeal against the judgment of the Court of First Instance of
the European Communities, First Chamber, of 26 February
2003 in Case T-164/01 Lucaccioni v Commission, not yet
published, seeking to have that judgment set aside, the other
party to the proceedings being Commission of the European
Communities (Agents: J. Currall, assisted by A. Dal Ferro) with
an address for service in Luxembourg, defendant at
first
instance - the Court (Fifth Chamber), composed of C. Gulmann,
President of the Chamber, S. von Bahr and R. Silva de Lapuerta,
Judges; M. Poiares Maduro, Advocate General; R. Grass, Regis-
trar, made an order on 19 March 2004, the operative part of
which is as follows:

In Joined Cases C-438/03, C-439/03, C-509/03 and C-2/04:
reference to the Court under Article 234 EC from the Giudice
for a preliminary ruling in the
di pace di Bitonto (Italy)
proceedings pending before that court between Antonio
Cannito and Fondiaria Assicurazioni SpA (C-438/03), Pasqua-
lina Murgulo and Assitalia Assicurazioni SpA (C-439/03),
Vincenzo Manfredi and Lloyd Adriatico Assicurazioni SpA (C-
509/03), and Nicolò Tricarico and Assitalia Assicurazioni SpA
(C-2/04) - on the interpretation of, inter alia, Article 81 EC and
Article 82 EC - the Court (Fifth Chamber), composed of C.
Gulmann, President of the Chamber, S. von Bahr (Rapporteur)
and R. Silva de Lapuerta,
Judges, L.A. Geelhoed, Advocate
General, R.Grass, Registrar, has made the following order on
11 February 2004, the operative part of which is as follows:

1. Cases C-438/03, C-439/03, C-509/03 and C-2/04 are joined

for the purposes of the order.

2. The references for a preliminary ruling by the Giudice di pace di
Bitonto by orders of 6 October 2003 (C-438/03 and C-439/
03), 21 November 2003 (C-509/03) and 20 December 2003
(C-2/04) are inadmissible.

1. The appeal is dismissed.

2. Mr Lucaccioni is ordered to pay the costs incurred at first instance.

(1) OJ C 47, 21.2.2004, p. 13.
OJ C 71, 20.3.2004, p. 5.
OJ C 85, 3.4.2004, p. 13.

(1) OJ C 171 of 19.7.2003

ORDER OF THE COURT

(Fifth Chamber)

of 11 February 2004

in Joined Cases C-438/03, C-439/03, C-509/03 and C-2/04
(reference for a preliminary ruling from the Giudice di
pace di Bitonto): Antonio Cannito v Fondiaria Assicura-

Reference for a preliminary ruling by the Bundesfinanzhof
by order of that Court of 23 October 2003 in the case of
Antje Köhler against Finanzamt Düsseldorf Nord

(Case C-58/04)

(2004/C 106/33)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Bundesfinanzhof (Federal
Finance Court) of 23 October 2003, received at the Court
Registry on 11 February 2004, for a preliminary ruling in the
case of Antje Köhler against Finanzamt Düsseldorf Nord on the
following question:

30.4.2004

EN

Official Journal of the European Union

C 106/19

Are stops made by a ship in ports of non-member countries, at
which passengers may disembark the vessel only for a short
period, for example for sightseeing purposes, but at which they
may not begin or end their journey, ‘stops in a third territory’
within
of Directive
of Article
77/388/EEC (1)?

the meaning

8(1)(c)

(1) OJ L 145, p. 1.

Action brought on 12 February 2004 by the Italian
the European
Republic

the Commission of

against

Communities

(Case C-60/04)

(2004/C 106/34)

I – Incorrect legal basis

I A – Incorrect legal basis:

lack of competence and in any
event absence of the preconditions for the application
of Article 12 of Regulation (EEC) No 2052/88 (1) during
the preceding programme;

I B1 – Incorrect legal basis: complete lack of competence to
amend the indicative allocations at the date of the new
decision;

I B2 – Incorrect legal basis: total failure to identify the correct

procedure.

II – Inadequate and contradictory statement of reasons for the

contested decision: general

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 12 February 2004 by the Italian Republic
represented by I.M. Braguglia, avvocato, acting as Agent, and
A. Cingolo, Avvocato dello Stato.

II A – Inadequate and contradictory statement of reasons as
regards the choice of committee procedure for adop-
tion of the contested decision;

The applicant claims that the Court should:

II B – Inadequate and contradictory statement of reasons in the
contested decision as regards the method for calculating
the new indicative allocation;

— Annul Commission Decision No C(2003) 3971 final. of 26
November 2003 which establishes indicative allocations
between the Member States of the commitment appropria-
tions under Community initiatives for the period 1994-
1999, notified by Letter No SG(2003)D233063 of
the
the Commission of 26 November
Secretary-General of
2003 to the Italian Permanent Representation to the Euro-
pean Union;

II C – Inadequate and contradictory statement of reasons as
regards the difference between the reference tables
annexed to the new and old decisions;

— Annul all annexes and supporting documents;

— Order the Commission to pay the costs.

II D – Inadequate and contradictory statement of reasons as
regards the reference date for assessing the extent to
which the Community initiative programme (CIP)
1994-1999 has been implemented.

Pleas in law and main arguments:

(1) OJ 1988 L 185 of 15.7.1988, p. 9.