Order of the Court (Fifth Chamber) of 28 February 2005 in Case C-260/02: P Michael Becker v Court of Auditors of the European Communities (Appeal — Officials — Invalidity pension — Application to begin the invalidity procedure during a period of leave on personal grounds — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Court of Auditors, European official, action for annulment (EU), early retirement, regulations for civil servants, unpaid leave

C 182/18

EN

Official Journal of the European Union

23.7.2005

JUDGMENT OF THE COURT

ORDER OF THE COURT

(Sixth Chamber)

of 2 June 2005

(Fifth Chamber)

of 28 February 2005

in Case C-454/04: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

in Case C-260/02: P Michael Becker v Court of Auditors of
the European Communities (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/55/EC — Temporary protection in the event of a
mass influx of displaced persons — Failure to transpose
within the prescribed period)

(Appeal — Officials — Invalidity pension — Application to
begin the invalidity procedure during a period of leave on
personal grounds — Appeal in part manifestly inadmissible
and in part manifestly unfounded)

(2005/C 182/33)

(Language of the case: French)

(2005/C 182/34)

(Language of the case: German)

In Case C-454/04 Commission of the European Communities
(Agents: C. O'Reilly and A.-M. Rouchaud-Joët) v Grand Duchy
of Luxembourg (Agent: S. Schreiner) — action under Article
226 EC for failure to fulfil obligations, brought on 28 October
2004 — the Court (Sixth Chamber), composed of A. Borg
Barthet (Rapporteur), President of the Chamber, A. La Pergola
and A. Ó Caoimh, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, gave a judgment on 2 June 2005,
in which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Council Direc-
tive 2001/55/EC of 20 July 2001 on minimum standards for
giving temporary protection in the event of a mass influx of
displaced persons and on measures promoting a balance of efforts
between Member States in receiving such persons and bearing the
consequences thereof, the Grand Duchy of Luxembourg has failed
to fulfil its obligations under that directive;

resident

In Case C-260/02 P: appeal under Article 49 of the EC Statute
of the Court of Justice lodged at the Court on 15 July 2002 by
Michael Becker, official at the Court of Auditors of the Euro-
pean Communities,
in Luxembourg (Luxembourg)
(lawyer: E. Fricke), the other party to the proceedings being the
Court of Auditors of the European Communities (Agents:
initially P. Giusta and B. Schäfer, then J.-M. Stenier and M.
Bavendamm) — the Court (Fifth Chamber), composed of R.
Silva de Lapuerta (Rapporteur), President of the Chamber, R.
Schintgen and J. Makarczyk, Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, made an order on 28 February
2005, the operative part of which is as follows

1. The appeal is dismissed.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

2. Mr Becker is ordered to pay the costs.

(1) OJ C 314 of 18. 12. 2004.

(1) OJ C 202 of 24.8.2002.