CELEX: C2002/109/31
Language: en
Date: 2002-05-04 00:00:00
Title: Case C-430/01: Reference for a preliminary ruling by the Landesgericht für Zivilrechtsachen Vienna by order of that court of 12 October 2001 in the case of Prof. Monika Herbstrith v Republic of Austria

C 109/18              EN                   Official Journal of the European Communities                                        4.5.2002
Appeal brought on 6 June 2001 by G. Ojha against the                  Reference for a preliminary ruling by the Landesgericht
judgment delivered on 6 arch 2001 by the First Chamber                für Zivilrechtsachen Vienna by order of that court of
of the Court of First Instance of the European Communi-               12 October 2001 in the case of Prof. Monika Herbstrith v
ties in Case T-77/99 Ojha v Commission of the European                                      Republic of Austria
                         Communities
                                                                                              (Case C-430/01)
                       (Case C-284/01 P)
                                                                                              (2002/C 109/31)
                        (2002/C 109/29)
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by order of the Landesgericht für
                                                                      Zivilrechtssachen Wien (Vienna Higher Civil Court) of
An appeal against the judgment delivered on 6 March 2001              12 October 2001 which was received at the Court Registry on
by the First Chamber of the Court of First Instance of the            6 November 2001, for a preliminary ruling in the case of Prof.
European Communities in Case T-77/99 (1)Ojha v Commission             Monika Herbstrith v Republic of Austria on the following
of the European Communities was brought before the Court              questions:
of Justice of the European Communities on 6 June 2001 by
G. Ojha. By order of 22 November 2001 the Court of Justice            1.    Did the conduct described above, viz. the failure to
(First Chamber) dismissed the appeal and ordered Mr Ojha to                 appoint a candidate despite her professional qualifi-
bear his own costs.                                                         cations, infringe a provision of directly applicable Com-
                                                                            munity law and if so, which provision?
                                                                      2.    If the answer to question 1 is in the affirmative:
(1) OJ C 161 of 2.6.2002, p. 16.
                                                                            Does the infringed provision of directly applicable Com-
                                                                            munity law give the plaintiff in the original proceedings a
                                                                            legal right?
                                                                      3.    If the answer to question 2 is in the affirmative:
                                                                            Does the request for a preliminary ruling provide the
                                                                            European Court of Justice with all the information it needs
                                                                            to determine whether in the circumstances described as
Appeal brought on 23 July 2001 by Smanor SA and                             to the original proceedings the national body clearly and
Monique and Hubert Ségaud against the order made on                         significantly exceeded its discretionary powers, or does it
4 July 2001 by the First Chamber of the Court of First                      leave it to the Austrian court requesting the preliminary
Instance of the European Communities in Case T-123/01                       ruling to answer this question?
between the parties bringing the present appeal and the
        Commission of the European Communities
                       (Case C-291/01 P)
                        (2002/C 109/30)                               Reference for a preliminary ruling by the Verwaltungsge-
                                                                      richt Frankfurt am Main by order of 12 November 2001
                                                                      in the case of Hilde Schönheit against the City of Frankfurt
                                                                                                  am Main
An appeal against the order made on 4 July 2001 by the First                                    (Case C-4/02)
Chamber of the Court of First Instance of the European
Communities in Case T-123/01 between the parties bringing
the present appeal and the Commission of the European                                         (2002/C 109/32)
Communities was brought before the Court of Justice of the
European Communities on 23 July 2001 by Smanor SA and
Monique and Hubert Ségaud. By order of 22 November 2001
the Court of Justice (First Chamber) dismissed the appeal and         Reference has been made to the Court of Justice of the
ordered each of the applicants to bear their own costs.               European Communities by order of the Verwaltungsgericht
                                                                      (Administrative Court) Frankfurt am Main of 12 November
                                                                      2001, received at the Court Registry on 9 January 2002, for a
                                                                      preliminary ruling in the case of Hilde Schönheit against the
                                                                      City of Frankfurt am Main on the following questions: