Order of the Court (Fifth Chamber) of  16 September 2005  in Case C-342/04 P: Jürgen Schmoldt and Others v Commission of the European Communities (Appeal — Construction products — Harmonised standards and technical regulations — Thermal insulation standards)
Date: 2006-01-14
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), appeal, technical standard, thermal insulation

14.1.2006

EN

Official Journal of the European Union

C 10/5

1. Declares that, by failing to adopt within the period prescribed all
the laws, regulations and administrative provisions necessary to
comply with Directive 2001/16/EC of the European Parliament
and of the Council of 19 March 2001 on the interoperability of
the trans-European conventional rail system, the United Kingdom
of Great Britain and Northern Ireland has failed to fulfil its obli-
gations under that directive;

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 262, 23.10.2004.

ORDER OF THE COURT

(Sixth Chamber)

of 15 September 2005

in Case C-112/04 P: Marlines SA v Commission of the
European Communities (1)

(Appeal — Article 85(1) of the EC Treaty (now Article 81(1)
EC) — Competition — Agreements, decisions and concerted
practices — Agreements between undertakings — Proof of
an undertaking's participation in business meetings with an
anti-competitive purpose)

ORDER OF THE COURT

(Fourth Chamber)

of 6 October 2005

in Case C-328/04: reference for a preliminary ruling from
the Fővárosi Bíróság in the criminal proceedings against
Attila Vajnai (1)

(Reference for a preliminary ruling — Interpretation of the
principle of non-discrimination — National provision prohi-
biting, on pain of criminal prosecution, the use in public of a
symbol consisting of a five-point red star — Lack of jurisdic-
tion of the Court)

(2006/C 10/10)

(Language of the case: Hungarian)

In Case C-328/04: reference for a preliminary ruling under
Article 234 EC from the Fővárosi Bíróság (Hungary), made by
decision of 24 June 2004, received at the Court on 28 July
2004, in the criminal proceedings against Attila Vajnai — the
Court (Fourth Chamber), composed of K. Lenaerts, President of
the Chamber, K. Schiemann (Rapporteur) and E. Juhász, Judges;
C. Stix Hackl, Advocate General; R. Grass, Registrar, made an
order on 6 October 2005, the operative part of which is as
follows:

The Court of Justice of the European Communities clearly has no
jurisdiction to answer the question referred by the Fővárosi Bíróság
(Hungary) by decision of 24 June 2004.

(2006/C 10/09)

(Language of the case: Greek)

(1) OJ C 262, 23.10.2004.

In Case C-112/04 P: Marlines SA (lawyers: D. Papatheofanous
and A. Anagnostou) against the Commission of the European
Communities (Agents: R. Lyal and T. Christoforou) — an
appeal under Article 56 of the Statute of the Court of Justice
brought on 3 March 2004,
(Sixth Chamber),
composed of A. Borg Barthet, President of the Chamber, A. La
Pergola and J.-P Puissochet (Rapporteur), Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, made an order
on 15 September 2005, the operative part of which is as
follows:

the Court

ORDER OF THE COURT

(Fifth Chamber)

of 16 September 2005

in Case C-342/04 P:

Jürgen Schmoldt and Others v

Commission of the European Communities (1)

1. The appeal is dismissed as being in part clearly unfounded and in

part clearly inadmissible.

(Appeal — Construction products — Harmonised standards
and technical regulations — Thermal insulation standards)

2. Marlines SA is ordered to pay the costs.

(1) OJ C 106, 30.04.2004

(2006/C 10/11)

(Language of the case: German)

In Case C-342/04 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 10 August 2004 by Jürgen

C 10/6

EN

Official Journal of the European Union

14.1.2006

Schmoldt, residing in Dallgow-Döberitz (Germany), Hauptver-
band der Deutschen Bauindustrie e.V., established in Berlin
(Germany), Kaefer Isoliertechnik GmbH & Co. KG, established
in Bremen (Germany) (lawyer: H.-P. Schneider), the other party
to the proceedings being the Commission of the European
Communities (Agent: B. Schima assisted by A. Böhlke, lawyer)
— the Court
(Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, J. Makarczyk (Rapporteur)
Judges; L.A. Geelhoed, Advocate General; R.
and P. Kūris,
Grass, Registrar, made an order on 16 September 2005, the
operative part of which is as follows

1. The appeal is dismissed.

2. Mr Schmoldt, the Hauptverband der Deutschen Bauindustrie e.V.
and Kaefer Isoliertechnik GmbH & Co. KG shall pay the costs.

(1) OJ C 262 of 23.10.2004

1. There is no need to adjudicate on this case.

2. Each party is to bear its own costs.

(1) OJ C 82 of 02.04.2005

ORDER OF THE COURT

(Third Chamber)

of 13 October 2005

in Case C-3/05 SA: Statistical Agency of the Republic of
Kazakhstan v Commission of
the European Commu-
nities (1)

ORDER OF THE COURT

(Application for authorisation to serve a garnishee order
on the Commission of the European Communities)

(Third Chamber)

of 13 October 2005

(2006/C 10/13)

(Language of the case: French)

in Case C-2/05 SA: Names BV v Commission of the Euro-
pean Communities (1)

(Application for authorisation to serve a garnishee order
on the Commission of the European Communities)

(2006/C 10/12)

(Language of the case: French)

In Case C-3/05 SA: application for authorisation to serve a
garnishee order on the Commission of the European Commu-
nities brought on 28 January 2005 by Statistical Agency of the
Republic of Kazakhstan, established in Almaty (Kazakhstan)
(lawyer: R. Nathan) against Commission of
the European
Communities (Agents: J-F. Pasquier and E. Manhaeve) — the
Court (Third Chamber), composed of A. Rosas, President of the
Chamber, J. Malenovský (Rapporteur), A. La Pergola, J.-P. Puis-
sochet and A. Ó Caoimh,
Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, made an order on 13 October
2005, the operative part of which is as follows

In Case C-2/05 SA: application for authorisation to serve a
garnishee order on the Commission of the European Commu-
nities brought on 28 January 2005 by Names BV, established
in Hazerswoude-Rijndijk (Netherlands)
(lawyer: R. Nathan)
against Commission of the European Communities (Agents: J-F.
Pasquier and E. Manhaeve) — the Court
(Third Chamber),
composed of A. Rosas, President of the Chamber, J. Malenovský
(Rapporteur), A. La Pergola, J.-P. Puissochet and A. Ó Caoimh,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
made an order on 13 October 2005, the operative part of
which is as follows

1. There is no need to adjudicate on this case.

2. Each party is to bear its own costs.

(1) OJ C 82 of 02.04.2005