Order of the Court of Justice (Fifth Chamber) of 9March 2004 in Case C–159/03 P: Jan Pflugradt v European Central Bank(‘Appeal— Staff of the ECB — Formal warning — Preparatory act — Act which does notadversely affect an official — Inadmissible’)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European Central Bank, General Court (EU), action for annulment (EU), data protection, dismissal

30.4.2004

EN

Official Journal of the European Union

C 106/17

on the co-ordination of special measures concerning the move-
ment and residence of foreign nationals which are justified on
grounds of public policy, public security or public health (OJ
1964, English special edition: Series I Chapter 1963-1964 p.
117 ) and second, fundamental rights, the observance of which
in the
is ensured by the Court, as enshrined,
Convention for the Protection of Human Rights and Funda-
mental Freedoms signed in Rome on 4 November 1950, the
Court of
Justice (Third Chamber), composed of: A. Rosas
(Rapporteur), President, N. Colneric and K. Schiemann, Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, made an
order on 18 March 2004, the operative part of which is as
follows:

in particular,

The Court of Justice of the European Communities clearly lacks
jurisdiction to answer the questions referred by the Tribunale
di Catania by the order of 19 January 2003.

A national law which allows an undertaking to terminate the
contracts of employment of its oldest workers, setting aside the
ordinary law that permits continuation of the employment rela-
tionship and which thereby creates a situation in which the
undertaking can save on labour costs, with an immediate
resulting burden on the State in the form of reduced contribu-
tion revenue and the payment of pensions to dismissed
workers, does not constitute State aid within the meaning of
Article 87(1) EC.

(1) OJ C 83 of 5.4.2003

(1) OJ C 83 of 5. 4. 2003

ORDER OF THE COURT OF JUSTICE

(Fifth Chamber)

of 9 March 2004

ORDER OF THE COURT OF JUSTICE

in Case C–159/03 P: Jan Pflugradt v European Central
Bank (1)

(Third Chamber)

of 15 March 2004

(‘Appeal — Staff of the ECB — Formal warning — Prepara-
tory act — Act which does not adversely affect an official —
Inadmissible’)

in Case C-59/03 (Reference for a preliminary ruling by the
Tribunale di Genova): Mario Cigliola and Others v
Ferrovie dello Stato SpA (FS) (1)

(Article 104(3) of the Rules of Procedure — Aid granted by
the Member States — Definition — National
legislation
suspending a worker's right to continue working until retire-
ment age)

(2004/C 106/29)

(Language of the case: Italian)

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

(2004/C 106/30)

(Language of the case: German)

Jan Pflugradt, agent of

In Case C-159/03 P:
the European
Central Bank, residing in Frankfurt am Main (Germany), repre-
sented by N. Pflüger, with an address for service in Luxem-
bourg, brought an appeal against the order of the Court of First
Instance of the European Communities (Fifth Chamber), Case
T-82/03 Pflugradt v ECB [2003] ECR I-0000, seeking to have
that order set aside, the other party to the proceedings being:
the European Central Bank (Agents: T. Gilliams, N. Urban and
B. Wägenbaur), with an address for service in Luxembourg, the
Court (Fifth Chamber), composed of: C. Gulmann, President, A
La Pergola (Rapporteur), R. Silva de Lapuerta, Judges; P. Léger,
Advocate General; R Grass, Registrar, made an order on 9
March 2004, the operative part of which is as follows:

In Case C-59/03: Reference to the Court under Article 234 EC
by the Tribunale di Genova (Italy), for a preliminary in proceed-
ings between Mario Cigliola and Ferrovie dello Stato SpA (FS),
on the interpretation of Article 87(1) EC, the Court (Third
Chamber), composed of: A. Rosas, President, R. Schintgen and
N. Colneric
Jacobs, Advocate
General; R. Grass, Registrar, made an order on 15 March 2004,
the operative part of which is as follows:

(Rapporteur),

Judges;

F.G.

1) The appeal is dismissed.

2) Mr Pflugradt is order to pay the costs.

(1) OJ C 135 of 7.6.2003