Order of the Court of Justice (Third Chamber) of 18 March 2004 in Case C–45/03 (Request for a preliminary ruling by the Tribunale di Catania): Oxana Dem'Yanenko (‘Reference for a preliminary ruling — Free movement for persons — Situation falling outside the scope of Directive 64/221/EEC — Fundamental rights — European Convention on Human Rights — Expulsion of a third country national without family or matrimonial ties with a national of a Member State — Validation procedure for the order for the forcible removal of a third country national — Definition of“court of a Member State” — Court with jurisdiction, for the purpose of Article 68 EC, to make a reference to the Court for a preliminary ruling — Lack of jurisdiction of the Court’)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: EU law, foreign national, interpretation of the law, removal

C 106/16

EN

Official Journal of the European Union

30.4.2004

JUDGMENT OF THE COURT

(Third Chamber)

of 1 April 2004

in Case C-375/03: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(‘Failure of a Member State to fulfil obligations — Failure to
implement Directive 2000/30/EC’)

(2004/C 106/26)

(Language of the case: French)

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

In Case C-375/03: Commission of the European Commu-
nities (Agent: W. Wils), with an address for service in Luxem-
bourg, v Grand Duchy of Luxembourg (Agent: S. Schreiner)
– application for a declaration that, by failing to adopt the
laws, regulations and administrative provisions necessary to
comply with Directive 2000/30/EC of the European Parliament
and of the Council of 6 June 2000 on the technical roadside
inspection of the roadworthiness of commercial vehicles circu-
lating in the Community (OJ 2000 L 203, p. 1), or, in any
event, by failing to inform the Commission thereof, the Grand
Duchy of Luxembourg has failed to fulfil its obligations under
that Directive – the Court (Third Chamber), composed of: A.
Rosas (Rapporteur), President of the Chamber, N. Colneric and
K. Schiemann, Judges; J. Kokott, Advocate General; R. Grass,
Registrar, gave a judgment on 1 April 2004, the operative part
of which is as follows:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Directive 2000/30/EC of the European Parliament
and of the Council of 6 June 2000 on the technical roadside
inspection of the roadworthiness of commercial vehicles circulating
in the Community, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under that Directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 251 of 18.10.2003

Application for autorisation to serve a garnishee order
brought on 17 March 2004 by Tertir-Terminais de
Portugal against the Commission of the European Commu-
nities

(Case C-1/04 SA)

(2004/C 106/27)

An application for authorisation to serve a garnishee order on
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on

17 March 2004 by Tertir-Terminais de Portugal SA, repre-
sented by G. Vandersanden, C. Houssa, L. Lévi and F. Gonçalves
Pereira, avocats.

The applicant claims that the Court should:

— authorise the applicant under Article 1 of the Protocol on
the Privileges and Immunities of the European Communities
to serve a garnishee order on the European Commission
relating to the sums owed by the European Community to
the Republic of Guinea-Bissau in respect of compensation
payable under Council Regulation (EC) No 249/2002 of 21
January 2002 concerning the conclusion of the Protocol
establishing the fishing opportunities and the compensation
provided for in the Agreement between the European
Economic Community and the Government of the Republic
of Guinea-Bissau on fishing off the coast of Guinea-Bissau
for the period 16 June 2001 to 15 June 2006, (1) in security
of a right to receive payment valued at EUR 8 000 000;

— order the defendant to pay the costs.

(1) OJ L 40, 12.12.2002, p. 1.

ORDER OF THE COURT OF JUSTICE

(Third Chamber)

of 18 March 2004

in Case C–45/03 (Request for a preliminary ruling by the
Tribunale di Catania): Oxana Dem'Yanenko (1)

(‘Reference for a preliminary ruling — Free movement for
persons — Situation falling outside the scope of Directive
64/221/EEC — Fundamental rights — European Convention
on Human Rights — Expulsion of a third country national
without family or matrimonial ties with a national of a
Member State — Validation procedure for the order for the
forcible removal of a third country national — Definition of
“court of a Member State” — Court with jurisdiction, for the
purpose of Article 68 EC, to make a reference to the Court
for a preliminary ruling — Lack of jurisdiction of the Court’)

(2004/C 106/28)

(Language of the case: Italian)

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

In Case C-45/03: Reference to the Court under Article 234 EC
by the Tribunale di Catania, in the context of proceedings for
the validation of an order for forcible removal against Oxana
Dem'Yanenko, for a preliminary ruling on, first, Articles 7, 8
and 9 of Council Directive 64/221/EEC of 25 February 1964

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