Order of the Court (Sixth Chamber) of 12 October 2004 in Case C-352/03 P: Pietro Del Vaglio against the Commission of the European Communities (Appeal — Community officials — Pensions — Change of country of residence — Applicable corrective coefficient — Appeal partly manifestly inadmissible and partly manifestly unfounded)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: European Commission, European official, action for annulment (EU), pension scheme, regulations for civil servants

C 6/22

EN

Official Journal of the European Union

8.1.2005

ORDER OF THE COURT

ORDER OF THE COURT

(Sixth Chamber)

of 12 October 2004

(Fifth Chamber)

of 1 October 2004

in Case C-480/03 (reference for a preliminary ruling from
the Cour d'arbitrage): Hugo Clemens, b.v.b.a. Valkaniers-
gilde against the Walloon region, Council of Ministers (1)

in Case C-352/03 P: Pietro Del Vaglio against the Commis-
sion of the European Communities (1)

(Article 104(3) of
the Rules of Procedure — Directive
79/409/EEC — Conservation of wild birds — Species born
and reared in captivity)

(Appeal — Community officials — Pensions — Change of
country of residence — Applicable corrective coefficient —
Appeal partly manifestly inadmissible and partly manifestly
unfounded)

(2005/C 6/43)

(Languages of the case: French and Dutch)

(2005/C 6/42)

(Language of the case: French)

In Case C-352/03P: Pietro Del Vaglio, former official of the
Commission of the European Communities, residing in London
(United Kingdom) (lawyers: M. Famchon and B. Desrez), the
other party to the proceedings being the Commission of the
European Communities (Agent: J. Currall, assisted by D. Wael-
broeck) – appeal under Article 56 of the Statute of the Court of
(Sixth
Justice, brought on 11 August 2003 – the Court
Chamber), composed of A. Borg Barthet, President of
the
Chamber, J.-P. Puissochet and S. von Bahr (Rapporteur), Judges;
Advocate General: J. Kokott, Registrar: R. Grass, has given an
order on 12 October 2004, in which it:

1) Dismisses the action;

In Case C-480/03: Hugo Clemens, b.v.b.a. Valkaniersgilde v
Walloon region, Council of Ministers – reference for a preli-
minary ruling under Article 234 EC by the Cour d'arbitrage
(Belgium), by judgment of 29 October 2003, received at the
Court on 18 November 2003 – the Court (Fifth Chamber),
composed of C. Gulmann, President of the Chamber, R. Silva
de Lapuerta (Rapporteur) and J. Makarczyk, Judges; Advocate
General: J. Kokott, Registrar: R. Grass, has given an order on 1
October 2004 in which it:

Declares that Council Directive 79/409/EEC of 2 April on the
conservation of wild birds is to be interpreted as not being applicable
to species born and reared in captivity and, accordingly, Member
States remain competent, as Community law now stands, to regulate
the matter, subject to Articles 28 to 30 EC.

(1) OJ C 35 of 7.2.2004.

Action brought on 29 September 2004 by the Commission
of the European Communities against Ireland

(Case C-418/04)

(2005/C 6/44)

2) Orders Mr Del Vaglio to pay the costs.

(Language of procedure: English)

(1) OJ C 251 of 18.10.2003.

An action against Ireland was brought before the Court of
Justice of the European Communities on 29 September 2004
by the Commission of the European Communities, represented
by Barry Doherty and Michel van Beek, acting as agents, with
an address for service in Luxembourg.