Order of the Court (Second Chamber) of 29 October 2004 in Case C-360/02 P: Carlo Ripa di Meana v European Parliament (Appeal — Former member of the European Parliament — Provisional retirement pension scheme — Suspension of payment of the pension following the election of that member as a regional councillor — Action for annulment — Confirmatory act — Inadmissibility — Appeal manifestly unfounded)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), pension scheme, regional election, regional government

22.1.2005

EN

Official Journal of the European Union

C 19/9

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the incineration of waste, the Italian Republic
has failed to fulfil its obligations under that directive and, in par-
ticular, Article 21(1) thereof.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 94 of 17.4.2002.

ORDER OF THE COURT

(Second Chamber)

of 29 October 2004

in Case C-360/02 P: Carlo Ripa di Meana v European Parlia-
ment (1)

(Appeal — Former member of the European Parliament —
Provisional retirement pension scheme — Suspension of
payment of the pension following the election of that member
as a regional councillor — Action for annulment — Confir-
act — Inadmissibility — Appeal manifestly
matory

unfounded)

(2005/C 19/17)

(Language of the case: Italian)

In Case C-360/02 P: appeal under Article 49 of the EC Statute
of the Court of Justice, brought on 2 October 2002, Carlo Ripa
di Meana, former member of the European Parliament, residing
in Montecastello di Vibio (Italy) (lawyers: W. Viscardini and
G. Donà), the other party to the proceedings being: European
Parliament (Agents: A. Caiola and G. Ricci), defendant at first
instance – the Court (Second Chamber), composed of: C. W. A.
Timmermans
the Chamber,
C. Gulmann, J. Makarczyk, P. Kūris and J. Klučka, Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, has
made an order on 29 October 2004, the operative part of
which is as follows:

(Rapporteur),

President

of

1. The appeal is dismissed.

2. Mr Ripa di Meana shall pay the costs.

(1) OJ C 305 of 7.12.2002.

ORDER OF THE COURT

(Second Chamber)

of 14 October 2004

in Case C-288/03 P: Bernard Zaoui and Others v Commis-
sion of the European Communities (1)

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

(2005/C 19/18)

(Language of the case: French)

In Case C-288/03 P: appeal under Article 56 of the Statute of
the Court of Justice, brought on 3 July 2003, Bernard Zaoui,
residing at Combs-la-Ville (France), Lucien Zaoui, residing at
Netanya (Israel), Déborah Stain, née Zaoui, residing at Ramat
Gan (Israel) the other party to the proceedings being: Commis-
sion of
the European Communities (Agents: P. Kuijper, F.
Dintilhac and C. Tufvesson) – the Court (Second Chamber),
composed of: C.W.A. Timmermans (Rapporteur) President of
the Chamber, C. Gulmann, R. Schintgen, J. Makarczyk and J.
Klučka, Judges; M. Poiares Maduro, Advocate General; R. Grass,
Registrar, has made an order on 14 October 2004, the opera-
tive part of which is as follows:

1. The appeal is dismissed.

2. Mr Bernard Zaoui, Mr Lucien Zaoui and Mrs Déborah Stain,

née Zaoui, shall bear the costs.

(1) OJ C 171 of 19.7.2003.