CELEX: C2002/247/02
Language: en
Date: 2002-10-12 00:00:00
Title: Order of the Court (Sixth Chamber) of 21 March 2002 in Case C-430/01 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): Monika Herbstrith v Republic of Austria (Reference for a preliminary ruling — Inadmissibility)

C 247/2                 EN                       Official Journal of the European Communities                                   12.10.2002
                    ORDER OF THE COURT                                      The applicant claims that the Court should:
                         (Sixth Chamber)                                    —    lift the immunity enjoyed by the Commission since the
                                                                                 requested attachment does not in any way interfere with
                         of 21 March 2002                                        the independence and functioning of the Communities;
in Case C-430/01 (reference for a preliminary ruling from                   —    declare that the Commission’s accounting officer incor-
the Landesgericht für Zivilrechtssachen Wien): Monika                            rectly declared that the Commission has no existing or
              Herbstrith v Republic of Austria (1)                               contingent debts towards the Democratic Republic of the
                                                                                 Congo or the Banque Nationale du Congo.
     (Reference for a preliminary ruling — Inadmissibility)
                          (2002/C 247/02)
                   (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                            Reference for a preliminary ruling by the Unabhängiger
                                                                            Verwaltungssenat Salzburg by order of that Court of
In Case C-430/01: reference to the Court under Article 234                    11 February 2002 in the appeal by Dr Manfred Hückel
EC from the Landesgericht für Zivilrechtssachen Wien (Vienna
Higher Civil Court) (Austria), for a preliminary ruling in
proceedings pending before that court between Monika                                        (Cases C-242/02 and C-243/02)
Herbstrith and the Republic of Austria on whether the failure
to appoint to a post a candidate with the required professional
qualifications infringes a provision of Community law, and on                                       (2002/C 247/04)
the conditions under which a Member State may incur liability
for damage suffered by individuals as a result of infringements
of Community law — the Court (Sixth Chamber), composed of:
F. Macken, President of the Chamber, N. Colneric, R. Schintgen
(Rapporteur), V. Skouris and J.N. Cunha Rodrigues, Judges;                  Reference has been made to the Court of Justice of the
S. Alber, Advocate General; R. Grass, Registrar, made an order              European Communities by order of the Unabhängiger Verwal-
on 21 March 2002, in which it ruled:                                        tungssenat Salzburg (Independent Administrative Chamber for
                                                                            Salzburg) of 11 February 2002, received at the Court Registry
The request for a preliminary ruling submitted to the Court of              on 3 July 2002, for a preliminary ruling in the appeal by
Justice of the European Communities by the Landesgericht für                Dr Manfred Hückel on the following questions:
Zivilrechtssachen Wien, by decision of 12 October 2001, is
inadmissible.                                                               1.   Does Article 2(1)(b) of Council Directive 79/112/EEC of
                                                                                 18 December 1978 (1) on the approximation of the
( 1) OJ C 109 of 4.5.2002.                                                       laws of the Member States relating to the labelling,
                                                                                 presentation and advertising of foodstuffs for sale to
                                                                                 the ultimate consumer (now consolidated in European
                                                                                 Parliament and Council Directive 2000/13/EC of
                                                                                 20 March 2000 — OJ 2000 L 109, p. 29), under which
                                                                                 — subject to Community provisions applicable to natural
                                                                                 mineral waters and to foodstuffs for particular nutritional
Application brought on 22 August 2002 by Antippas for                            uses — the labelling and methods used may not attribute
leave to attach assets held by the Commission of the                             to any foodstuff the property of preventing, treating or
                     European Communities                                        curing a human disease, or suggest that it possesses such
                                                                                 properties, preclude national legislation which makes it
                         (Case C-1/02 SA)                                        an offence when marketing foodstuffs:
                          (2002/C 247/03)                                        (a)   to refer to physiological or pharmacological effects,
                                                                                       in particular those which preserve youthfulness,
                                                                                       inhibit signs of ageing, promote slimming or main-
                                                                                       tain health, or to create the impression of any such
An application for leave to attach assets held by the Com-
                                                                                       effect;
mission of the European Communities was brought before the
Court of Justice of the European Communities on on
22 August 2002 by Antippas, represented by Mario Spandre,                        (b) to refer to case-histories, recommendations made by
lawyer.                                                                                doctors or medical experts’ reports;