Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-208/03 P: Jean-Marie Le Pen v European Parliament (Appeal — Elections of Members of the European Parliament — Lack of uniform electoral procedure — Application of national law — Disqualification of a Member of the European Parliament from holding office following a criminal conviction — Measure by which the European Parliament ‘takes note’ of that disqualification — Action for annulment — Act not open to challenge — Inadmissibility)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Parliament, France, Member of the European Parliament, action for annulment (EU), parliamentary election, penalty

3.9.2005

EN

Official Journal of the European Union

C 217/7

J.N. Cunha Rodrigues, M.

Chambers, J. P. Puissochet, R. Schintgen, N. Colneric, S. von
Bahr,
J. Malenovský, U.
Lõhmus and E. Levits, Judges; F.G. Jacobs, Advocate General; L.
Hewlett, Principal Administrator, for the Registrar, gave a judg-
ment on 12 July 2005, in which it:

Ilešič,

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 26 February 2003 in Joined Cases T-344/
00 and T-345/00 CEVA and Pharmacia Enterprises v Commis-
sion in so far as it established that there had been inaction on the
part of the Commission of the European Communities between
1 January 2000 and 25 July 2001 of such a kind as to give rise
to liability on the part of the Community;

2. Dismisses the actions;

3. Orders CEVA Santé Animale SA and Pfizer Enterprises Sàrl to
pay the costs of both the proceedings before the Court of First
Instance of the European Communities and the present proceed-
ings;

4. Orders the International Federation for Animal Health to bear its
own costs in both the proceedings before the Court of First
Instance and the present proceedings.

(1) OJ C 213 of 06.09.2003.

Pen, residing at Saint-Cloud (France), (Agent: F. Wagner), the
other party to the proceedings being the European Parliament
(Agents: H. Krück and C. Karamarcos), the French Republic,
(Agents: R. Abraham, G. de Bergues and L. Bernheim), inter-
vener at
(Second Chamber),
composed of C.W.A. Timmermans (Rapporteur), President of
the Chamber, R. Silva de Lapuerta, J. Makarczyk, P. Kūris and
G. Arestis,
Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 7 July 2005, in which it:

instance — the Court

Judges; F.G.

first

1. Dismisses the appeal;

2. Orders Mr Le Pen to pay the costs of these proceedings including

those of the proceedings for interim measures;

3. Orders the French Republic to bear its own costs.

(1) OJ C 275 of 15.11.2003

JUDGMENT OF THE COURT

(Grand Chamber)

of 21 July 2005

JUDGMENT OF THE COURT

(Second Chamber)

of 7 July 2005

in Case C-231/03: Reference for a preliminary ruling from
the Tribunale amministrativo regionale per la Lombardia:
Consorzio Aziende Metano (Coname) v Comune di Cingia
de' Botti (1)

in Case C-208/03 P: Jean-Marie Le Pen v European Parlia-
ment (1)

(Articles 43 EC, 49 EC and 81 EC — Concession for the
management of a public gas-distribution service)

(Appeal — Elections of Members of the European Parliament
— Lack of uniform electoral procedure — Application of
national law — Disqualification of a Member of the Euro-
pean Parliament from holding office following a criminal
conviction — Measure by which the European Parliament
‘takes note’ of that disqualification — Action for annulment
— Act not open to challenge — Inadmissibility)

(2005/C 217/14)

(Language of the case: Italian)

(2005/C 217/13)

(Language of the case: French)

In Case C-208/03 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 10 May 2003 by Jean-Marie Le

In Case C-231/03: reference for a preliminary ruling under
Article 234 EC from the Tribunale amministrativo regionale
per la Lombardia (Lombardy Regional Administrative Court)
(Italy), made by decision of 14 February 2003, received at the
Court on 28 May 2003,
in the proceedings between
Consorzio Aziende Metano (Coname) and Comune di
intervener: Padania Acque SpA — the
Cingia de' Botti,
Court (Grand Chamber), composed of V. Skouris, President, P.
Jann, C.W.A. Timmermans (Rapporteur), A. Rosas, R. Silva de
Lapuerta and A. Borg Barthet, Presidents of Chambers,