Order of the Court (Fourth Chamber) of 10 March 2005 in Case C-178/04: Reference for a preliminary ruling from the Bundesverwaltungsgericht in Franz Marhold v Land Baden-Württemberg (Article 104(3) of the Rules of Procedure — Workers — Civil servants working for employers in the national public sector — University professor — Grant of an annual special allowance)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: Baden-Württemberg, bonus payment, civil service, interpretation of the law, national law, occupational status, rights of civil servants, teacher, university

23.7.2005

EN

Official Journal of the European Union

C 182/21

ORDER OF THE COURT

ORDER OF THE COURT

(Fourth Chamber)

of 10 March 2005

in Case C-178/04: Reference for a preliminary ruling from
the Bundesverwaltungsgericht in Franz Marhold v Land
Baden-Württemberg (1)

(Article 104(3) of the Rules of Procedure — Workers —
Civil servants working for employers in the national public
sector — University professor — Grant of an annual special
allowance)

(2005/C 182/39)

(Language of the case: German)

In Case C-178/04: reference for a preliminary ruling under
Article 234 EC from the Bundesverwaltungsgericht
(Federal
Administrative Court)
(Germany), made by decision of 28
January 2004, received at the Court on 15 April 2004, in the
proceedings between Franz Marhold and Land Baden-Würt-
temberg — the Court
(Fourth Chamber), composed of K.
Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and
E. Levits (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, made an order on 10 March 2005, the
operative part of which is as follows:

Article 39 EC precludes a national law which refuses the right to an
annual special allowance to a civil servant who leaves his employment
before 31 March of the following year in order to take up employment
in the civil service of another Member State, although it grants the
right to such an allowance where the civil servant's new post is within
the national civil service.

(1) OJ C 156 of 12. 06. 2004.

(Fourth Chamber)

of 22 February 2005

in Case C-480/04: Reference for a preliminary ruling from
the Tribunale di Viterbo in criminal proceedings against
Antonello D'Antonio (1)

(Reference for a preliminary ruling — Inadmissibility)

(2005/C 182/40)

(Language of the case: Italian)

In Case C-480/04: reference for a preliminary ruling under
Article 234 EC from the Tribunale di Viterbo (Italy), made by
decision of 2 November 2004, received at the Court on 17
November 2004,
in criminal proceedings against Antonello
D'Antonio — the Court (Fourth Chamber), composed of K.
Lenaerts, President of the Chamber, N. Colneric and K. Schie-
mann (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R.
Grass, Registrar, made an order on 22 February 2005, the
operative part of which is as follows:

The reference for a preliminary ruling made by the Tribunale di
Viterbo by decision of 2 November 2004 is manifestly inadmissible.

(1) OJ C 31 of 5.2.2005.

Action brought on 18 March 2005 by the Commission of
the Republic of
the European Communities against

Austria

(Case C-128/05)

(2005/C 182/41)

(Language of the case: German)

Justice of

An action against the Republic of Austria was brought before
the European Communities on 18
the Court of
March 2005 by the Commission of the European Communities,
represented by Dr. Dimitris Triantafyllou, with an address for
service in Luxembourg.