CELEX: C2004/035/03
Language: en
Date: 2004-02-07 00:00:00
Title: Case C-383/03: Reference for a preliminary ruling by the Verwaltungsgerichtshof by order of that Court of 4 september 2003 in the complaint proceedings brought by Ergül Dogan

C 35/2                  EN                         Official Journal of the European Union                                         7.2.2004
2.    It is incumbent on the national court, if examination of the         Is Article 6(2) of Decision No 1/80 of 19 September 1980 of
      existing compensation system discloses a defect in transposition     the Association Council, set up by the Agreement establishing
      of Directive 84/5 and if that defect has adversely affected Mr       an Association between the European Economic Community
      Evans, to determine whether the breach of that obligation of         and Turkey, on the development of the Association (herein-
      transposition is sufficiently serious.                               after, ‘Decision No 1/80’) to be interpreted as meaning that a
                                                                           Turkish national forfeits the rights acquired under Article 6(1)
                                                                           of Decision No 1/80 if he is held in custody under the
(1) OJ C 118 of 21.4.2001.                                                 enforcement of a prison sentence for a period of three years?
Application for authorisation to serve a garnishee order
on the Commission of the European Communities, lodged
       on 21 November 2003 by Icon Institute GmbH
                          (Case C-1/03 SA)
                                                                           Reference for a preliminary ruling by the Tampereen
                            (2004/C 35/02)                                 käräjäoikeus by order of that Court of 7 November 2003
                                                                           in the case of A.G.M.-COS.MET s.r.l. against Finnish State
                                                                                                 and Tarmo Lehtinen
An application for authorisation to serve a garnishee order on
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on                                         (Case C-470/03)
21 November 2003 by Icon Institute GmbH, represented by
R. Nathan, with an address for service in Luxembourg. The
applicant claims that the Court should:
                                                                                                    (2004/C 35/04)
Lift the Commission’s immunity so that a garnishee order
relating to the funds it holds on behalf of a judgment debtor,
in this case CESD-Communautaire a.s.b.l., may take effect,
since there is no argument in law or in fact to prevent the
Commission, the garnishee, from properly releasing to the
applicant the funds it holds provisionally.                                Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Tampereen kärä-
                                                                           jäoikeus (Tampere District Court) of 7 November 2003,
                                                                           received at the Court Registry on 11 November 2003, for a
                                                                           preliminary ruling in the case of A.G.M.-COS.MET s.r.l. against
                                                                           Finnish State and Tarmo Lehtinen on the following questions:
Reference for a preliminary ruling by the Verwaltungsge-                   (1) Is there a measure having equivalent effect to quantitative
richtshof by order of that Court of 4 september 2003 in                          restrictions within the meaning of Article 28 EC, or a
    the complaint proceedings brought by Ergül Dogan                             measure which should be abstained from under the
                                                                                 second paragraph of Article 10 EC, if an expert official
                           (Case C-383/03)                                       belonging to the State’s health and safety at work
                                                                                 organisation who does not have decision-making power,
                                                                                 after a market supervision case has been raised but before
                            (2004/C 35/03)                                       the decision in the case, expresses his opinion on the
                                                                                 main news programme of a national TV channel and in
                                                                                 daily newspapers with wide circulation and also in
                                                                                 commercial and labour market associations, in such a
Reference has been made to the Court of Justice of the                           way that his statements, direct or repeated by others, on
European Communities by order of the Verwaltungsgerichtsh-                       the hazard to health and even to life of the machinery
of (Administrative Court, Austria) of 4 September 2003,                          manufactured and marketed by a specified manufacturer
received at the Court Registry on 12 September 2003, for a                       which is the subject of the market supervision case may
preliminary ruling in the complaint proceedings brought by                       give the machinery negative publicity and affect its
Ergül Dogan on the following question:                                           marketing?