Order of the Court (Fifth Chamber) of 1 October 2004 in Case C-379/03 P: Rafael Pérez Escolar v Commission of the European Communities (Appeal — State aid — Action for declaration of failure to act — Locus standi — Admissibility of the action)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: State aid, action for failure to act, control of State aid

C 19/10

EN

Official Journal of the European Union

22.1.2005

ORDER OF THE COURT

(Fifth Chamber)

of 1 October 2004

in Case C-379/03 P: Rafael Pérez Escolar v Commission of
the European Communities (1)

(Appeal — State aid — Action for declaration of failure to
act — Locus standi — Admissibility of the action)

Air
(France), Euro-Arménie ASBL, established in Marseille
(France), (avocat: P. Krikorian), the other parties to the proceed-
ings being European Parliament
(Agents: A. Baas and R.
Passos), Council of the European Union, (Agents: S. Kyriako-
poulou and G. Marhic), Commission of the European Commu-
nities (Agents: C. Ladenburger and F. Dintilhac) – Appeal
pursuant to Article 56 of the Statute of the Court of Justice,
brought on 16 January 2004 – the Court (Fourth Chamber),
composed of K. Lenaerts, President of the Chamber, N. Colneric
(Rapporteur) and J.N. Cunha Rodrigues,
Judges; M. Poiares
Maduro, Advocate General; R. Grass, Registrar, made an order
on 29 October 2004, the operative part of which is as follows:

(2005/C 19/19)

(Language of the case: Spanish)

1. The appeal is dismissed.

In Case C-379/03 P: appeal under Article 56 of the Statute of
the Court of Justice, brought on 10 September 2003, Rafael
Pérez Escolar (Agent: F. Moreno Pardo), the other party to the
proceedings being: Commission of the European Communities
(Fifth Chamber),
(Agent:
composed of: C. Gulmann (Rapporteur), President of
the
Chamber, R. Schintgen and J. Klucka, Judges; P. Léger, Advo-
cate General; R. Grass, Registrar, has made an order on 1
October 2004, the operative part of which is as follows:

J. L. Buendía Sierra) – the Court

1. The appeal is dismissed.

2. Mr Pérez Escolar shall pay the costs.

(1) OJ C 251 of 18.10.2003.

ORDER OF THE COURT

(Fourth Chamber)

of 29 October 2004

in Case C-18/04 P: Grégoire Krikorian and Others v Euro-
pean Parliament, Council of the European Union, Commis-
sion of the European Communities (1)

(Appeal — Non-contractual liability of the Community —
Action for damages — Appeal in part manifestly inadmis-
sible and in part unfounded)

(2005/C 19/20)

(Language of the case: French)

In Case C-18/04 P: Grégoire Krikorian, residing in Bouc-Bel-Air
(France), Suzanne Krikorian, née Tatoyan, residing in Bouc-Bel-

2. The appellants shall bear the costs of the appeal.

(1) OJ C 94, 17.4.2004.

Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per la Sicilia by decision of that
court of 20 July 2004 in the case of Agip Petroli SpA
against Capitaneria di Porto di Siracusa, Capitaneria di
Porto di Siracusa, Sezione Staccata di Santa Panagia, Minis-
tero delle Infrastrutture e dei Trasporti, interested party
(for the applicant): Arbix Diamone Shipping

(Case C-456/04)

(2005/C 19/21)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale Amministrativo
Regionale per la Sicilia (Sicily Regional Administrative Court)
(Italy) of 20 July 2004 received at the Court Registry on 29
October 2004, for a preliminary ruling in the case of Agip
Petroli SpA against Capitaneria di Porto di Siracusa, Capitaneria
di Porto di Siracusa, Sezione Staccata di Santa Panagia, Minis-
tero delle Infrastrutture e dei Trasporti, interested party (for the
applicant): Arbix Diamone Shipping on the following question: