Case C-2/05 SA: Application for authorisation to serve a garnishee order brought on 28 January 2005 by Names b.v. against the Commission of the European Communities
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, fund (EU), seizure of goods

C 82/6

EN

Official Journal of the European Union

2.4.2005

The applicant claims that the Court should:

Application for authorisation to serve a garnishee order
brought on 28 January 2005 by the Republic of Kazakhi-
stan Statistics Agency against the Commission of the Euro-
pean Communities

— lift the Commission's immunity so that the funds which it
holds in favour of the judgment debtor, in this case CESD –
Communautaire a.s.b.l., may be garnisheed, there being no
argument either in law or fact that the Commission, as
garnishee, does not validly discharge its liability for the
funds which it holds provisionally to the judgment debtor's
order by paying them to the judgment creditor;

— order the Commission to pay all the costs.

(Case C-3/05 SA)

(2005/C 82/13)

An application for authorisation to serve a garnishee order on
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on
28 January 2005 by the Republic of Kazakhistan Statistics
Agency, represented by R. Nathan, avocat.

Application for authorisation to serve a garnishee order
brought on 28 January 2005 by Names b.v. against the
Commission of the European Communities

The applicant claims that the Court should:

(Case C-2/05 SA)

— lift the Commission's immunity so that the funds which it
holds in favour of the judgment debtor, in this case CESD –
Communautaire a.s.b.l., may be garnisheed, there being no
argument either in law or fact that the Commission, as
garnishee, does not validly discharge its liability for the
funds which it holds provisionally to the judgment debtor's
order by paying them to the judgment creditor;

(2005/C 82/12)

— order the Commission to pay all the costs.

An application for authorisation to serve a garnishee order on
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on
28 January 2005 by Names b.v., represented by R. Nathan,
avocat.

The applicant claims that the Court should:

— lift the Commission's immunity so that the funds which it
holds in favour of the judgment debtor, in this case CESD –
Communautaire a.s.b.l., may be garnisheed, there being no
argument either in law or fact that the Commission, as
garnishee, does not validly discharge its liability for the
funds which it holds provisionally to the judgment debtor's
order by paying them to the judgment creditor;

— order the Commission to pay all the costs.

Reference for a preliminary ruling by the Arbeidshof te
Brussel of 23 December 2004 in the case of Rijksdienst
voor Sociale Zekerheid. v N.V. Herbosch-Kiere

(Case C-2/05)

(2005/C 82/14)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of 23 December 2004 of the
Arbeidshof te Brussel (Brussels Higher Labour Court), which
was received at the Court Registry on 5 January 2005, for a
preliminary ruling in the case of Rijksdienst voor Sociale Zeker-
heid. v N.V. Herbosch-Kiere on the following questions: