Order of the Court (Fifth Chamber) of 12 April 2005 in Case C-80/04 P DLD Trading Co. v Council of the European Union (Appeal — Non-contractual liability — Causal link between the conduct complained of and the alleged damage — No such link — Subject-matter of the dispute — Manifest inadmissibility)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: Austria, Council of the European Union, European Commission, Finland, appeal, customs regulations, exemption from customs duties, import, transport user

3.9.2005

EN

Official Journal of the European Union

C 217/23

levy established in respect of

The additional
the milk and milk
products sector by Article 5c of Regulation (EEC) No 804/68 of the
Council of 27 June 1968 on the common organisation of the market
in milk and milk products, as amended by Article 1 of Council Regu-
lation (EEC) No 856/84 of 31 March 1984, and by Articles 1 to 4
of Council Regulation (EEC) No 3950/92 of 28 December 1992
establishing an additional levy in the milk and milk products sector,
is not an administrative penalty within the meaning of Article 5 of
Council Regulation (EC, Euratom) No 2988/95 of 18 December
1995 on the protection of the European Communities financial inter-
ests.

(1) OJ C 135 of 07.06.2003
OJ C 146 of 21.06.2003
OJ C 85 of 03.04.2004
OJ C 228 of 11.09.2004
OJ C 201 of 07.08.2004.

ORDER OF THE COURT

(Second Chamber)

of 14 July 2005

in Case C-52/04: Reference for a preliminary ruling from
the Bundesverwaltungsgericht in Personalrat der Feuer-
wehr Hamburg v Leiter der Feuerwehr Hamburg (1)

(Article 104(3) of the Rules of Procedure — Social policy —
Protection of workers' health and safety — Directives
89/391/EEC and 93/104/EC — Scope — Operational crews
of a public fire service — Inclusion — Conditions)

(2005/C 217/44)

(Language of the case: German)

In Case C-52/04: reference for a preliminary ruling under
Article 234 EC from the Bundesverwaltungsgericht (Germany),
made by decision of 17 December 2003, received at the Court
on 10 February 2004, in the proceedings between Personalrat
der Feuerwehr Hamburg and Leiter der Feuerwehr Hamburg —
the
of
C. W. A. Timmermans, President of the Chamber, C. Gulmann,
R. Schintgen (Rapporteur), J. Makarczyk and J. Klučka, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
made an order on 14 July 2005, the operative part of which is
as follows:

Chamber),

composed

(Second

Court

Article 2 of Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in the safety and
health of workers at work and Article 1(3) of Council Directive
93/104/EC of 23 November 1993 concerning certain aspects of the
organisation of working time must be interpreted as meaning that:

— the activities carried out by the operational crews of a public fire
service such as that at issue in the main proceedings normally fall
within the scope of the directives referred to so that, in principle,
Article 6(2) of Directive 93/104 precludes exceeding the 48
hours' ceiling prescribed as the maximum weekly working time,
including guard duty;

— it is nevertheless possible for such ceiling to be exceeded in excep-
tional circumstances of such gravity and scale that the aim of
ensuring the proper functioning of services essential for the protec-
tion of public interests, such as public order, health and safety,
must temporarily prevail over the aim of guaranteeing the health
and safety of workers assigned to intervention and rescue teams.
Even in such exceptional situations, however, the aims of Directive
89/391 must be upheld as far as possible.

(1) OJ C 94 of 17.04.2004.

ORDER OF THE COURT

(Fifth Chamber)

of 12 April 2005

in Case C-80/04 P DLD Trading Co. v Council of the Euro-
pean Union (1)

(Appeal — Non-contractual liability — Causal link between
the conduct complained of and the alleged damage — No
such link — Subject-matter of the dispute — Manifest inad-
missibility)

(2005/C 217/45)

(Language of the case: German)

In Case C-80/04 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 18 February 2004 by DLD
Trading Co., established in Brno (Czech Republic) (lawyers: J.
Hintermayr, F. Haunschmidt, G. Minichmayr, P. Burgstaller and
G. Tusek) the other parties to the proceedings being Council
of the European Union (Agents: M.-C Giorgi Fort, A.-M.
Colaert and J.-P. Hix) supported by Republic of Austria

C 217/24

EN

Official Journal of the European Union

3.9.2005

(Agents: C. Pesendorfer, W. Okresek and H. Dossi), by
Commission of the European Communities (Agent: J. Schie-
ferer) and by Republic of Finland (Agents: T. Pynnä and A.
Guimaraes-Purokoski) — the Court (Fifth Chamber), composed
of R. Silva de Lapuerta, President of the Chamber, R. Schingten
(Rapporteur) and P. Kūris, Judges; J. Kokott, Advocate General;
R. Grass, Registrar, made an order on 12 April 2005, the
operative part of which is as follows

1. The appeal is dismissed.

2. DLD Trading Co. shall pay the costs.

(1) OJ C 94, 17.04.2004.

ORDER OF THE COURT

(Sixth Chamber)

of 14 July 2005

in Case C-420/04 P: Georgios Gouvras v Commission of
the European Communities (1)

(Appeal — Officials — Posting — Secondment in the inter-
ests of the service — Retrospective change of place of
employment and of the financial entitlements relating to it
— Recovery of sum not due)

(2005/C 217/47)

(Language of the case: French)

ORDER OF THE COURT

(Fourth Chamber)

of 14 June 2005

J.-N. Louis),

the Commission of

In Case C-420/04 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 29 September 2004 by Georgios
Gouvras, an official of
the European
Communities (lawyer:
the other party to the
proceedings being the Commission of the European Commu-
nities (Agents: J. Currall and L. Lozano Palacios) — the Court
(Sixth Chamber), composed of A. Borg Barthet, President of the
Chamber (Rapporteur), J.-P. Puissochet and S. von Bahr, Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, made an
order on 14 July 2005, the operative part of which is as
follows:

in Case C-358/04: Reference for a preliminary ruling from
the Tribunale di Vicenza in Caseificio Valdagnese Srl v
Regione Veneto (1)

1. The appeal is dismissed.

2. Mr Gouvras shall pay the costs.

(Reference for a preliminary ruling — Inadmissibility)

(1) OJ C 284 of 20.11.2004.

(2005/C 217/46)

(Language of the case: Italian)

In Case C-358/04: reference for a preliminary ruling under
Article 234 EC from the Tribunale di Vicenza (Italy), made by
decision of 2 August 2004, received at the Court on 17 August
2004, in the proceedings between Caseificio Valdagnese Srl
and Regione Veneto — the Court
(Fourth Chamber),
composed of K. Lenaerts, President of the Chamber, N. Colneric
Judges; M. Poiares
(Rapporteur) and J.N. Cunha Rodrigues,
Maduro, Advocate General; R. Grass, Registrar, made an order
on 14 June 2005, the operative part of which is as follows:

The reference for a preliminary ruling submitted by the Tribunale di
Vicenza by decision of 2 August 2004 is manifestly inadmissible.

(1) OJ C 273, 06.11.2004.

Appeal brought on 23 July 2004 (14 July 2004 by fax) by
Raffaele Dipace against the order made on 1 April 2004
by the First Chamber of the Court of First Instance of the
European Communities (First Chamber) in Case T-106/04
between Raffaele Dipace and the Italian Republic

(Case C-315/04 P)

(2005/C 217/48)

(Language of the case: Italian)

the Court of First

An appeal against the order made on 1 April 2004 by the First
Chamber of
the European
Communities in Case T-106/04 between Raffaele Dipace and
the Italian Republic was brought before the Court of Justice of
the European Communities on 23 July 2004 (14 July 2004 by
fax) by Raffaele Dipace.

Instance of