Order of the Court (Fifth Chamber) of 8 October 2004 in Case C-249/03 Commission of the European Communities v Transport Environment Development Systems (Trends) and Others (Arbitration clause — Decision 2004/407/EC, Euratom — Articles 2 and 3 — Reference to the Court of First Instance)
Date: 2005-03-19
Institutions: Court of Justice
Subjects: action for annulment (EU), financial control, redemption, road transport, telecommunications

C 69/2

EN

Official Journal of the European Union

19.3.2005

ORDER OF THE COURT

(Sixth Chamber)

of 25 November 2004

in Case C-18/03 P Vela Srl and Tecnagrind SL v Commis-
sion of the European Communities (1)

(Appeal — EAGGF — Financial participation in projects —
Withdrawal of the Fund's financial aid)

(2005/C 69/03)

(Language of the case: Italian)

In Case C-18/03 P: appeal under Article 49 of the EC Statute of
the Court of Justice, brought on 16 January 2003 by Vela Srl,
established in Milan (Italy), and Tecnagrind SL, established in
Barcelona (Spain), (Lawyer: M. Carretta), the other party to the
proceedings being the Commission of the European Commu-
nities (Agents: C. Cattabriga and L. Visaggio, assisted by M.
Moretto) – the Court (Sixth Chamber), composed of A. Borg
Barthet, President of the Chamber, S. von Bahr and A. Ó Caoimh
J. Kokott, Advocate General; R. Grass,
(Rapporteur),
Registrar, has made an order on 25 November 2004,
the
operative part of which is as follows:

Judges;

1. The appeal is dismissed.

2. Vela Srl and Tecnagrind SL shall pay the costs.

(1) OJ C 70 of 22.03.2003.

residing in Neo Irakleio, Attica (Greece),

Systems (Trends), a civil partnership with non-profit-making
aims, established in Athens (Greece), (Lawyer: V. Christianos),
Marios Kontaratos, residing in Athens (Greece), Anastasios
(Lawyer:
Tillis,
V. Christianos), Georgios Argyrakos,
residing in Athens
(Greece), Konstantinos Petrakis, residing in Cholargos, Attica
(Greece), Fotini Koutrouba, residing in Glyfada, Attica (Greece)
– the Court (Fifth Chamber), composed of C. Gulmann, acting
for the President of the Chamber, R. Schintgen and G. Arestis
(Rapporteur), Judges; M. Poiares Maduro, Advocate General: R.
Grass, Registrar, has made an order on 8 October 2004, the
operative part of which is as follows:

Case C-248/03 is referred to the Court of First Instance of the Euro-
pean Communities.

(1) OJ C 184 of 02.08.2003.

ORDER OF THE COURT

(Fifth Chamber)

of 8 October 2004

in Case C-249/03 Commission of the European Commu-
nities v Transport Environment Development Systems
(Trends) and Others (1)

(Arbitration clause — Decision 2004/407/EC, Euratom —
Articles 2 and 3 — Reference to the Court of First Instance)

ORDER OF THE COURT

(2005/C 69/05)

(Fifth Chamber)

of 8 October 2004

(Language of the case: Greek)

in Case C-248/03 Commission of the European Commu-
nities v Transport Environment Development Systems
(Trends) and Others (1)

(Arbitration clause — Decision 2004/407/EC, Euratom —
Articles 2 and 3 — Reference to the Court of First Instance)

(2005/C 69/04)

(Language of the case: Greek)

In Case C-248/03: application under Article 238 EC, brought
on 6 June 2003, by Commission of the European Communities
(Agent: M. Patakia, assisted by M. Bra, K. Kapoutzidou and S.
Chatziyiannis) against Transport Environment Development

In Case C-249/03: application under Article 238 EC, brought
on 10 June 2003, by Commission of the European Commu-
nities (Agent: M. Patakia, assisted by M. Bra, K. Kapoutzidou
and S. Chatziyiannis) against Transport Environment Develop-
ment Systems (Trends), a civil partnership with non-profit-
making aims, established in Athens (Greece), (Lawyer: V. Chris-
tianos), Marios Kontaratos, residing in Athens (Greece), Anasta-
(Lawyer:
sios Tillis, residing in Neo Irakleio, Attica (Greece),
V. Christianos), Georgios Argyrakos,
residing in Athens
(Greece), Konstantinos Petrakis, residing in Cholargos, Attica
(Greece), Fotini Koutrouba, residing in Glyfada, Attica (Greece)
– the Court (Fifth Chamber), composed of C. Gulmann, acting
for the President of the Chamber, R. Schintgen and G. Arestis
(Rapporteur), Judges; M. Poiares Maduro, Advocate General; R.
Grass, Registrar, has made an order on 8 October 2004, the
operative part of which is as follows:

19.3.2005

EN

Official Journal of the European Union

C 69/3

Case C-249/03 is referred to the Court of First Instance of the Euro-
pean Communities.

(1) OJ C 184 of 02.08.2003.

Articles 1, 2 and 9(g) of Council Regulation (EEC) No 3950/92 of
28 December 1992 establishing an additional levy in the milk and
milk products sector and Article 1 of Commission Regulation (EEC)
No 536/93 of 9 March 1993 laying down detailed rules on the
application of the additional levy on milk and milk products must be
interpreted as meaning that, in respect of the determination of milk
quotas and the application of the additional levy, the fact that the
milk-producing undertaking transfers, for payment, certain quantities
of milk to third parties without relinquishing title to them, under a
work contract relating to the treatment and processing of that milk
into cheese, butter and skim milk, must be classified as delivery.

(1) OJ C 200, 23.8.2003.

ORDER OF THE COURT

(Fourth Chamber)

of 18 November 2004

in Joined Cases C-261/03 and C-262/03: Reference for a
preliminary ruling from the Tribunale amministrativo
regionale per l'Emiglia-Romagna in Allevamenti Associati
Srl v Regione Emilia-Romagna
and Latteria Sociale
Moderna Soc. Coop. Arl v Azienda di Stato per gli inter-
venti nel mercato agricolo (AIMA) and Others (1)

(Reference for a preliminary ruling — Article 104(3) of the
Rules of Procedure — Milk and milk products — Additional
levy scheme — Treatment and processing by a dairy under a
work contract — Concepts of ‘delivery’ and ‘direct sale’)

ORDER OF THE COURT

(Fourth Chamber)

of 19 October 2004

in Case C-425/03: Reference for a preliminary ruling from
the Giudice di pace di Milazzo in Provvidenza Regio v
AXA Assicurazioni SpA (1)

(Reference for a preliminary ruling — Inadmissibility)

(2005/C 69/06)

(Language of the case: Italian)

(2005/C 69/07)

(Language of the case: Italian)

In Joined Cases C-261/03 and C-262/03: reference for a preli-
minary ruling under Article 234 EC from the Tribunale ammi-
nistrativo regionale per l'Emiglia-Romagna (Italy), made by
decisions of 6 May 2003, received at the Court on 17 June
2003,
in the proceedings Allevamenti Associati Srl v
Regione Emilia-Romagna, supported by Agenzia per le
in Agricoltura (AGEA) and Latteria Sociale
Erogazioni
Moderna Soc. Coop. arl
(C-261/03), and Latteria Sociale
Moderna Soc. Coop. arl v Azienda di Stato per gli inter-
venti nel mercato agricolo (AIMA), Servizio Provinciale
Agricoltura di Reggio Emilia, Regione Emilia-Romagna,
in Agricoltura (AGEA),
and Agenzia per le Erogazioni
supported by Allevamenti Associati Srl
(C-262/03) – the
Court (Fourth Chamber), composed of N. Colneric (Rappor-
teur), acting as President of the Fourth Chamber, J.N. Cunha
Judges; L.A. Geelhoed, Advocate
Rodrigues and E.
General; María Múgica Arzamendi, Principal Administrator,
Registrar, made an order on 18 November 2004, the operative
part of which is as follows:

Juhász,

In Case C-425/03: reference for a preliminary ruling under
Article 234 EC from the Giudice di pace di Milazzo (Italy),
made by decision of 18 April 2003, received at the Court on 6
October 2003, in the proceedings between Provvidenza Regio
and AXA Assicurazioni SpA the Court
(Fourth Chamber),
composed of K. Lenaerts (Rapporteur), President of Chamber,
N. Colneric and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Advocate General; R. Grass, Registrar, made an order on 19
October 2004, the operative part of which is as follows:

The reference for a preliminary ruling made by the Giudice di pace di
Milazzo, by decision of 18 April 2003, is manifestly inadmissible.

(1) OJ C 289, 29.11.2003.