Order of the Court (Second Chamber) of  14 July 2005  in Case C-70/04: Swiss Confederation v Commission of the European Communities (External relations — EC-Switzerland Agreement on air transport — Action for annulment brought by a non-member State — Swiss Confederation — Commission Decision 2004/12/EC — German measures relating to the approaches to Zurich airport — Council Regulation (EEC) No 2408/92 — Council Decision 2004/407/EC, Euratom of  26 April 2004  amending Articles 51 and 54 of the Protocol on the Statute of the Court of Justice — Referral to the Court of First Instance)
Date: 2005-11-26
Institutions: Court of Justice
Subjects: European Commission, Germany, Switzerland, action for annulment (EU), air transport, airport, carrier, complaint to the Commission, market access, transport capacity

C 296/8

EN

Official Journal of the European Union

26.11.2005

ORDER OF THE COURT

ORDER OF THE COURT

(Second Chamber)

of 14 July 2005

(Sixth Chamber)

of 22 June 2005

in Case C-70/04: Swiss Confederation v Commission of
the European Communities (1)

in Case C-190/04 P: Graham French, John Steven Neiger,
Michael Leighton v Council of
the European Union,
Commission of the European Communities, John Pascoe,
Richard Micklethwait, Ruth Margaret Micklethwait (1)

(External relations — EC-Switzerland Agreement on air
transport — Action for annulment brought by a non-member
State — Swiss Confederation — Commission Decision
2004/12/EC — German measures relating to the approaches
to Zurich airport — Council Regulation (EEC) No 2408/92
— Council Decision 2004/407/EC, Euratom of 26 April
2004 amending Articles 51 and 54 of the Protocol on the
Statute of the Court of Justice — Referral to the Court of
First Instance)

(Appeal — Action for damages — Unsubstantiated refusal
of a United Kingdom court of last resort to refer a question
to the Court of Justice for a preliminary ruling — Failure to
adopt measures on the part of the Council and the Commis-
sion — Non-contractual liability of the Community — Clear
inadmissibility)

(2005/C 296/15)

(Language of the case: German)

(2005/C 296/16)

(Language of the case: English)

In Case C-70/04: Swiss Confederation,
(lawyers: S. Hirs-
brunner and U. Soltész) against Commission of the European
Communities (Agents: F. Benyon, M. Huttunen and M.
supported by: Federal Republic of Germany
Niejahr),
(Agents: C.-D. Quassowski and A. Tiemann, and by T. Masing,
lawyer) — action for annulment under Article 230 EC, read in
conjunction with Article 20 of the Agreement between the
European Community and the Swiss Confederation on air
transport, brought on 13 February 2004 — the Court (Second
Chamber), composed of C. W. A. Timmermans (Rapporteur),
President of the Chamber, R. Silva de Lapuerta, J. Makarczyk, P.
Kūris and G. Arestis, Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, made an order on 14 July 2005, the opera-
tive part of which is as follows:

In Case C-190/04 P: Graham French,
John Steven Neiger,
Michael Leighton, (lawyer: J. Barnett) the other parties to the
proceedings being: Council of the European Union, (Agents: M.
Sims and M. Bauer), Commission of the European Communities
(Agents: C. Docksey and M. Shotter)
John Pascoe, Richard
Micklethwait, Ruth Margaret Micklethwait — appeal under
Article 56 of the Statute of the Court of Justice lodged on 23
April 2004, the Court (Sixth Chamber), composed of A. Borg
Barthet, President of
J.-P. Puissochet and U.
Lõhmus (Rapporteur), Judges; A. Tizzano, Advocate General; R.
Grass, Registrar, made an order on 22 June 2005, the operative
part of which is as follows

the Chamber,

1. The appeal is dismissed.

2. Mr French, Mr Neiger and Mr Leighton shall pay the costs.

Case C-70/04 is referred to the Court of First Instance of the Euro-
pean Communities.

(1) OJ C 156 of 12.06.2004

(1) OJ C 94, 17.04.2004