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 (Reference for a preliminary ruling — Interpretation of the principle of non-discrimination — National provision prohibiting, on pain of criminal prosecution, the use in public of a symbol consisting of a five-point red star — Lack of jurisdiction of the Court)
Date: 2006-01-14
Institutions: Court of Justice
Subjects: criminal law, flag, freedom of expression, interpretation of the law, political discrimination, political ideology, vision of Europe

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