Case C-201/07: Reference for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 13 April 2007 — Alfonso Luigi Marra v Clemente Antonio
Date: 2007-06-09
Institutions: Court of Justice
Subjects: European Parliament, Member of the European Parliament, civil procedure, interpretation of the law, operation of the Institutions, parliamentary immunity

9.6.2007

EN

Official Journal of the European Union

C 129/13

Pleas in law and main arguments

The appellant submits that the judgment of the Court of First
Instance is based on false and/or arbitrary premises in that it:

— Denies the appellant's autonomous interest

in his career

development report;

— Misrepresents the legislation on invalidity and the applica-

tion thereof;

— Denies the appellant judicial protection despite the unre-
solved issue of whether his invalidity is occupational or not;

Reference for a preliminary ruling from the Corte Suprema
di Cassazione (Italy) lodged on 13 April 2007 — Alfonso
Luigi Marra v Clemente Antonio

(Case C-201/07)

(2007/C 129/23)

Language of the case: Italian

— Makes a ruling on damages in disregard of the evolving

Referring court

realities of the appellant's situation.

Reference for a preliminary ruling from the Corte Suprema
di Cassazione (Italy) lodged on 12 April 2007 — Alfonso
Luigi Marra v Edoardo De Gregorio

(Case C-200/07)

(2007/C 129/22)

Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings

Applicant: Alfonso Luigi Marra

Defendant: Edoardo De Gregorio

Questions referred

1. In the event that a Member of the European Parliament
does not act by exercising the right granted to him under
Rule [6(3)] of the Rules of Procedure of the European Parlia-
ment (1) directly to request the President to defend privileges
and immunities, is the court before which a civil action is
pending in any event required to request the President to
waive immunity for the purposes of pursuing proceedings
and adopting a decision?

or

2. In the absence of a communication by the European Parlia-
ment that it intends to defend the immunities and privileges
of the Member concerned, may the court before which that
civil action is pending rule as to the existence or otherwise
of that privilege, regard being had to the specific circum-
stances of the case?

(1) OJ L 44, 15.2.2005, p. 1.

Corte Suprema di Cassazione

Parties to the main proceedings

Applicant: Alfonso Luigi Marra

Defendant: Antonio Clemente

Question referred

The questions are the same as those in Case C-200/07.

Action brought on 19 April 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-206/07)

(2007/C 129/24)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: L. Pignatero and M. Afonso, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

— A declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2004/33/EC (1) of 22 March 2004
implementing Directive 2002/98/EC of the European Parlia-
ment and of the Council as regards certain technical require-
ments for blood and blood components or, in any event, by
failing to communicate them to the Commission, the Portu-
guese Republic has failed to fulfil its obligations under that
directive;

— an order that the Portuguese Republic should pay the costs.