Case C-103/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 2 February 2005 in Reisch Montage AG v Kiesel Baumaschinen Handels GmbH
Date: 2005-05-28
Institutions: Court of Justice
Subjects: admissibility, appeal, interpretation of the law, jurisdiction

C 132/12

EN

Official Journal of the European Union

28.5.2005

JUDGMENT OF THE COURT

(Third Chamber)

of 14 April 2005

in Case C-243/04 P: Zoé Gaki-Kakouri v Court of Justice of
the European Communities (1)

(Appeal — System of payment for members and former
members of the Court — Rights of a woman divorced from a
former member of the Court who is deceased)

(2005/C 132/22)

(Language of the case: French)

In Case C-243/04 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged on 9 June 2004, by Zoé Gaki-
Kakouri, residing in Athens (Greece), (lawyer: H. Tagaras), the
other party to the proceedings being the Court of Justice of
the European Communities (Agent: M. Schauss) — the Court
(Third Chamber), composed of A. Rosas (Rapporteur), President
of the Chamber, A. Borg Barthet, A. La Pergola, S. von Bahr
and J. Malenovský, Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, gave a judgment on 14 April 2005, in which
it:

1. Dismisses the appeal.

2. Orders Mrs Gaki-Kakouri to pay the costs.

(1) OJ C 190, 24.07.2004.

Can a claimant rely on Article 6(1) of Regulation (EC) No
44/2001 (1) when bringing a claim against a person domiciled
in the forum state and against a person resident in another
Member State, but where the claim against the person domi-
ciled in the forum state is already inadmissible by the time the
claim is brought, because bankruptcy proceedings have been
commenced against him, which, under national law, results in
a procedural bar?

(1) Council Regulation (EC) No 44/2001 of 22.12.2000 (OJ 2001 L 12,

p. 1).

Action brought on 3 March 2005 by the Commission of
the Republic of
the European Communities against

Austria

(Case C-109/05)

(2005/C 132/24)

(Language of the case: German)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 3 March
2005 by the Commission of the European Communities, repre-
sented by Minas Konstantinidis and Bernard Schima, with an
address for service in Luxembourg.

The Commission claims that the Court should:

Reference for a preliminary ruling from the Oberster
Gerichtshof by order of that court of 2 February 2005 in
Reisch Montage AG v Kiesel Baumaschinen Handels
GmbH

1. declare that by restricting, in Paragraph 5(1) of the Verord-
nung über die Abfallvermeidung, Sammlung und Behan-
dlung von Altfahrzeugen (Regulation on waste prevention,
collection and treatment of end-of life vehicles), the obliga-
tion to take end-of-life vehicles back free of charge to:

(Case C-103/05)

(2005/C 132/23)

(1) end-of-life vehicles of those makes which have been put
into circulation by the existing manufacturers and
importers, and

(Language of the case: German)

(2) vehicles registered in Austria,

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
the Oberster Gerichtshof
(Germany) of 2 February 2005, received at the Court Registry
on 28 February 2005, for a preliminary ruling in the proceed-
ings between Reisch Montage AG and Kiesel Baumaschinen
Handels GmbH on the following question:

the Republic of Austria has failed to fulfil
its obligations
under Article 5 of Directive 2000/53/EC of the European
Parliament and of the Council of 18 September 2000 on
end-of life vehicles; (1)

2. order the Republic of Austria to pay the costs.