Order of the Court (Fifth Chamber) of  6 October 2005  in Case C-256/05: reference for a preliminary ruling from the Telekom-Control-Kommission in Telekom Austria AG, formerly Post & Telekom Austria AG (Questions referred for a preliminary ruling — Jurisdiction of the Court — Reference to the Court — Electronic communications — Networks and services — Common regulatory framework — Market for transit services)
Date: 2006-01-14
Institutions: Court of Justice
Subjects: interpretation of the law, market research, regulation of telecommunications, services contract, telephone

14.1.2006

EN

Official Journal of the European Union

C 10/7

ORDER OF THE COURT

(Third Chamber)

of 13 October 2005

in Case C-4/05 SA: Alt Ylmy – Ömümcilik Paydarlar
Jemgyyeti v Commission of the European Communities (1)

(Austria), made by decision of 13 June 2005, received at the
Court on 17 June 2005,
in the proceedings concerning
Telekom Austria AG, formerly Post & Telekom Austria AG —
the Court (Fifth Chamber), composed of R. Silva de Lapuerta,
President of the Chamber, P. Kūris (Rapporteur) and G. Arestis,
Judges; J. Kokott, Advocate General; R. Grass, Registrar, made
an order on 6 October 2005, the operative part of which is as
follows:

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

The Court of Justice of the European Communities clearly has no
jurisdiction to answer the question referred by the Telekom-Control-
Kommission in its decision of 13 June 2005.

(2006/C 10/14)

(Language of the case: French)

(1) OJ C 205 of 20.08.2005

In Case C-4/05 SA: application for authorisation to serve a
garnishee order on the Commission of the European Commu-
nities brought on 9 March 2005 by Alt Ylmy — Ömümcilik
(Turkmenistan)
Paydarlar Jemgyyeti, established in Ashgabat
(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-
Judges; C. Stix-Hackl, Advocate
sochet and A. Ó Caoimh,
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 106 of 30.04.2005

ORDER OF THE COURT

(Fifth Chamber)

of 6 October 2005

in Case C-256/05: reference for a preliminary ruling from
the Telekom-Control-Kommission in Telekom Austria AG,
formerly Post & Telekom Austria AG (1)

(Questions referred for a preliminary ruling — Jurisdiction
of the Court — Reference to the Court — Electronic commu-
nications — Networks and services — Common regulatory
framework — Market for transit services)

(2006/C 10/15)

(Language of the case: German)

In Case C-256/05: reference for a preliminary ruling under
Article 234 EC from the Telekom-Control-Kommission

Appeal brought on 5 October 2005 by Polyelectrolyte
Producers Group against the order made on 22 July 2005
by the Second Chamber of the Court of First Instance of
the European Communities in Case T-376/04 between
Polyelectrolyte Producers Group and Council of the Euro-
pean Union and Commission of the European Commu-
nities

(Case C-368/05 P)

(2006/C 10/16)

(Language of the case: English)

An appeal against the order made on 22 July 2005 by the
Second Chamber of the Court of First Instance of the European
Communities in case T-376/04 between Polyelectrolyte Produ-
cers Group and Council of the European Union and Commis-
sion of the European Communities was brought before the
Court of Justice of the European Communities on 5 October
2005 by Polyelectrolyte Producers Group, established in Brus-
sels (Belgium), represented by Messrs Koen Van Maldegem and
Claudio Mereu, avocats.

The Appellant claims that the Court should:

— declare the present appeal admissible and well-founded;

— set aside the order of the Court of First Instance of 22 July

2005 in Case T-376/04;

— declare the Appellant's requests in Case T-376/04 admis-

sible;

— rule on the merits or, in the alternative, refer the case to

the Court of First Instance to rule on the merits; and

— order the Council of the European Union and the Commis-
sion of the European Communities to bear all costs and
expenses of both proceedings.