Case C-1/05 SA: Application for authorisation to serve a garnishee order brought on 28 January 2005 by Intek Company against the Commission of the European Communities
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, fund (EU), seizure of goods

2.4.2005

EN

Official Journal of the European Union

C 82/5

JUDGMENT OF THE COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 27 January 2005

in Case C-59/04 Commission of the European Commu-
nities v French Republic (1)

(Failure to fulfil obligations — Directive 2001/29/EC —
Harmonisation of certain aspects of copyright and related
rights in the information society — Failure to transpose
within the prescribed period)

(2005/C 82/09)

(Language of the Case: French)

In Case C-59/04, concerning an action for failure to fulfil obli-
gations under Article 226 EC, brought on 11 February 2004
by the Commission of the European Communities (Agent:
K. Banks) against the French Republic (Agents: G. de Bergues
and A. Bodard-Hermant), the Court of Justice (Sixth Chamber),
composed of A. Borg-Barthelet, President of the Chamber, J.-P.
Puissochet and J. Malenovský (Rapporteur), Judges; Advocate
General, A. Tizzano; Registrar, R. Grass, gave a judgment on
27 January 2005, in which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Article 5(1)
and Articles 6 and 7 of Directive 2001/29/EC of the European
Parliament and of the Council of 22 May 2001 on the harmoni-
sation of certain aspects of copyright and related rights in the
its
information society, the French Republic has failed to fulfil
obligations under that directive;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 71 of 20.3.2004

(Fourth Chamber)

of 27 January 2005

in Case C-125/04 (reference for a preliminary ruling from
the Collège d'arbitrage de la Commission de Litiges
Voyages): Guy Denuit, Betty Cordenier v Transorient –
Mosaïque Voyages and Culture SA (1)

(Questions referred for a preliminary ruling — Reference to
the Court — National court or tribunal within the meaning
of Article 234 EC — Arbitration panel)

(2005/C 82/10)

(Language of the case: French)

In Case C-125/04: reference for a preliminary ruling under
Article 234 EC from the Collège d'arbitrage de la Commission
de Litiges Voyages (Belgium), made by decision of 4 December
2003, received at the Court on 8 March 2004, in the proceed-
ings pending before that court between Guy Denuit, Betty
Cordenier and Transorient – Mosaïque Voyages and Culture SA
– the Court (Fourth Chamber) composed of K. Lenaerts, Presi-
dent of the Chamber, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur), Judges; A. Tizzano, Advocate General, R. Grass,
Registrar, gave a judgment on 27 January 2005, the operative
part of which is as follows:

1. The Court is not competent to rule on questions referred to it by
the College d'àrbitrage de la Commission de Litiges Voyages.

(1) OJ C 156 of 12.06.2004.

Application for authorisation to serve a garnishee order
brought on 28 January 2005 by Intek Company against
the Commission of the European Communities

(Case C-1/05 SA)

(2005/C 82/11)

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 Intek Company, represented by R. Nathan,
avocat.

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: