Case C-482/04 P: Appeal brought on 22 November 2004 by SNF S.A.S. against the order made on 6 September 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in case T-213/02 between SNF S.A. and the Commission of the European Communities
Date: 2005-01-22
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), chemical product, cosmetic product, infringement of EU law, public health

22.1.2005

EN

Official Journal of the European Union

C 19/15

(b) the child has himself pursued employment as a worker
within the legitimate labour
the Federal
Republic of Germany and has thereby acquired in his
own right a right of residence that is the corollary of the
right of free access to employment under the second or
third indents of Article 6(1) of Decision No 1/80, and
has subsequently forfeited that right?

force of

Communities in case T-213/02 (1) between SNF S.A. and the
Commission of
the European Communities, was brought
before the Court of Justice of the European Communities on
22 November 2004 by SNF S.A.S, established in Andrézieux,
France, represented by Messrs K. Van Meldegem and C. Mereu,
lawyers.

Is such forfeiture caused by

(aa) the fact that he left his last place of employment as
a result of drug addiction-induced summary termi-
nation of his employment by his employer?

(bb) the fact that, following a period of ill health of
more than three months, he did not register with
the competent authority as unemployed for a
period of three working days between the end of
his incapacity for work and his arrest
for the
commission of a criminal offence?

that

(cc) the fact that he was sentenced to a term of impri-
sonment totalling three years and three months for
aggravated robbery and drug offences,
the
sentence was not suspended (even at a later date),
that the whole of the sentence was served by offset-
ting the period spent on remand pending trial and
that during that time he was not available to the
legitimate labour force but, approximately three
months after his release, did find employment
again with a firm on a temporary basis, without
then having any national right of residence?

2. If the answer to the first question is in the affirmative: Does
a Turkish national forfeit his right of residence that is the
corollary of the right of free access to employment under
the second or third indents of Article 6(1) of Decision No
1/80 in the circumstances described above in Question 1b)?

The Appellant claims that the Court should:

— declare the present appeal admissible and well-founded;

— set aside the order of the Court of First Instance of 6

September 2004 in case T-213/02;

— declare the Apellant's requests in case T-213/02 admissible;

— rule on the merits or, in the alternative, refer the case to

the Court of First Instance to rule on the merits; and

— order the European Commission to bear all costs and

expenses of both proceedings.

Pleas in law and main arguments

The Appellant submits that the contested order of the Court of
First Instance should be set aside on the following grounds:

a) The Court of First Instance misinterpreted Article 114(1) of
the Rules of Procedure and infringed the principle of legal
effectiveness and the duty to state reasons;

b) The Court of First Instance erred in law in the legal assess-

ment of the facts;

c) The order of the Court of First Instance infringes the right
to complete and effective judicial protection, and the right
to a fair hearing.

(1) OJ C 233, 28.9.2002, p. 28.

Appeal brought on 22 November 2004 by SNF S.A.S.
against the order made on 6 September 2004 by the Fifth
Chamber of the Court of First Instance of the European
Communities in case T-213/02 between SNF S.A. and the
Commission of the European Communities

Action brought on 22 November 2004 by the Commission
of the European Communities against the Italian Republic

(Case C-482/04 P)

(2005/C 19/29)

(Language of procedure: English)

(Case C-483/04)

(2005/C 19/30)

(Language of the case: Italian)

An appeal against the order made on 6 September 2004 by the
Fifth Chamber of the Court of First Instance of the European

Justice of

An action against the Italian Republic was brought before the
the European Communities on 22
Court of
November 2004 by the Commission of the European Commu-
nities, represented by Knut Simonsson and Enrico Traversa
acting as Agents.