Order of the Court (Fourth Chamber) of 26 April 2005 in Case C-149/04: Reference for a preliminary ruling from the Corte suprema di cassazione in Ugo Fava v Comune di Carrara (Tax levied on marble extracted within municipal boundaries by reason of its transport out of the municipality — Articles 92(1) and 104(3) of the Rules of Procedure — Partial inadmissibility — Question identical to one upon which the Court has already ruled)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: Italy, carriage of goods, earths and stones, equal treatment, export tax, free movement of goods, interpretation of the law, mining extraction, municipality, tax system

C 182/20

EN

Official Journal of the European Union

23.7.2005

ORDER OF THE COURT

(Fourth Chamber)

of 26 April 2005

16 July 1992 except by those applicants who had commenced
legal proceedings or made an equivalent complaint prior to that
date.

(1) OJ 2004 C 106 of 30.04.2004.

in Case C-149/04: Reference for a preliminary ruling from
the Corte suprema di cassazione in Ugo Fava v Comune di
Carrara (1)

(Tax levied on marble extracted within municipal boundaries
by reason of its transport out of the municipality — Articles
92(1) and 104(3) of the Rules of Procedure — Partial inad-
missibility — Question identical to one upon which the
Court has already ruled)

ORDER OF THE COURT

(Sixth Chamber)

of 7 April 2005

(2005/C 182/37)

(Language of the case: Italian)

in Case C-160/04 P Gustaaf Van Dyck v Commission of
the European Communities (1)

(Appeal — Officials — Lists for promotion — Act adversely
affecting an official — Preparatory acts)

In Case C-149/04: reference for a preliminary ruling under
Article 234 EC from the Corte suprema di cassazione (Supreme
Court of Cassation) (Italy), made by decision of 27 October
2003, received at the Court on 23 March 2004, in the proceed-
insolvent
ings between Ugo Fava
(administrator of
IMEG Srl) and Comune di Carrara — the Court
company,
(Fourth Chamber), composed of K. Lenaerts,
(Rapporteur),
President of the Chamber, N. Colneric and J.N. Cunha Rodri-
gues, Judges; M. Poiares Maduro, Advocate General; R. Grass,
Registrar, made an order on 26 April 2005, the operative part
of which is as follows:

the

1. The reference for a preliminary ruling is inadmissible in so far as
it relates to the interpretation of Articles 81 EC, 85 EC and 86
EC;

(2005/C 182/38)

(Language of the case: Dutch)

In Case C-160/04 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged at the Court on 19 March 2004 by
Gustaaf Van Dyck, an official of the Commission of the Euro-
pean Communities, residing in Wuustwezel (Belgium) (lawyer:
A. Bywater, assisted by W. Mertens), the other party to the
proceedings being
the European
Communities (Agents: F. Clotuche-Duvieusart and A. Weimar)
— the Court (Sixth Chamber), composed of A. Borg Barthet,
the Chamber, A. Ó Caoimh and U. Lõhmus
President of
(Rapporteur),
Judges; P. Léger, Advocate General; R. Grass,
Registrar, made an order on 7 April 2005, the operative part
of which is as follows:

the Commission of

2. A proportional tax on goods by weight, levied in one municipality
of a Member State only on a category of goods by reason of their
transport out of the municipality, is a charge having equivalent
effect to a customs duty on exports within the meaning of Article
23 EC, notwithstanding the fact that the tax also applies to those
goods whose
final destination is within the Member State
concerned;

1. The appeal is dismissed;

2. Mr Van Dyck shall pay the costs.

(1) OJ C 106 of 30.4.2004.

3. Article 23 EC may not be relied upon in support of applications
for the restitution of sums levied as the tax on marble prior to