CELEX: C2002/144/20
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-71/02: Reference for a preliminary ruling by the Oberster Gerichtshof (Republic of Austria) by order of that Court of 29 January 2002 in the case of Herbert Karner Industrieauktionen GmbH against Troostwĳk GesmbH

15.6.2002              EN                     Official Journal of the European Communities                                           C 144/13
                    ORDER OF THE COURT                                                       ORDER OF THE COURT
                                                                                                  (Third Chamber)
                        (Fourth Chamber)
                                                                                               of 13 December 2001
                           25 April 2002                                 in Case C-309/01 P: Council of the European Union v
                                                                                                  Hans McAuley (1)
in Case C-96/01 P: The Galileo Company, Galileo Inter-                   (Appeals — Officials — Appointment by promotion —
     national LLC v Council of the European Union (1)                    Consideration of the comparative merits — Manifest error of
                                                                         assessment — Annulment — Appeal manifestly unfounded)
(Air transport — Code of conduct for the use of computerised                                       (2002/C 144/19)
reservation systems (CRS) — Purchase of data by groups of
airlines — Action for annulment — Inadmissibility —
                                                                                             (Language of the case: French)
Appeal in part clearly inadmissible and in part clearly
                             unfounded)
                                                                         (Provisional translation; the definitive translation will be published
                                                                                            in the European Court Reports)
                          (2002/C 144/18)
                                                                         In Case 309/01 P: Council of the European Union (Agents:
                   (Language of the case: English)                       F. Anton and A. Pilette), — appeal against the judgment of the
                                                                         Court of First Instance of the European Communities, Fourth
                                                                         Chamber, of 14 June 2002 in Case T-230/99 McAuley v
                                                                         Council [2001] ECR-SC II-583, seeking to have that judgment
                                                                         set aside and the rejection of the application submitted at first
                                                                         instance annulled, the other party to the proceedings being
In Case C-96/01 P, The Galileo Company, established in                   Hans McAuley, represented by J.-N. Louis et V. Peere, avocats
Swindon (United Kingdom), Galileo International LLC, estab-              — the Court (Third Chamber), composed of F. Macken,
lished in Rosemont (United States), (represented by R. Plender,          President of Chamber, C. Gulmann and J. N. Cunha Rodrigues
QC, instructed by K. Holmes and by D. Austin and R. Butler,              (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
solicitors: Appeal against the order of the Court of First               eral; R. Grass, Registrar, made an order on 13 December 2001,
Instance of the European Communities (Second Chamber) of                 the operative part of which is as follows:
15 December 2000 in Case T-113/99 Galileo and Galileo
International v Council [2000] ECR II-4141, seeking to have              1.    The appeal is dismissed.
that order set aside, the other parties to the proceedings being:
Council of the European Union (Agents: A. Lopes Sabino                   2.    The Council of the European Union shall pay the costs.
and M. Bishop), Commission of the European Communities
(Agents: F. Benyon and M. Huttunen) and Amadeus Global
Travel Distribution SA, established in Madrid (Kingdom of                (1) OJ C 289 of 13.10.2001.
Spain), the Court (Fourth Chamber), composed of: S. von
Bahr, President of the Chamber, D. A. O. Edward and
C. W. A. Timmermans (Rapporteur), Judges; P. Léger, Advocate
General; R. Grass, Registrar, has made an order on 25 April
2002, the operative part of which is as follows:
                                                                         Reference for a preliminary ruling by the Oberster
1.    The appeal is dismissed.                                           Gerichtshof (Republic of Austria) by order of that Court
                                                                         of 29 January 2002 in the case of Herbert Karner
                                                                           Industrieauktionen GmbH against Troostwijk GesmbH
2.    The Galileo Company and Galileo International LLC are
      ordered to pay the costs.                                                                     (Case C-71/02)
                                                                                                   (2002/C 144/20)
(1) OJ C 134 of 5.5.2001.
                                                                         Reference has been made to the Court of Justice of the
                                                                         European Communities by order of the Oberster Gerichtshof
 ---pagebreak--- C 144/14              EN                   Official Journal of the European Communities                                     15.6.2002
(Supreme Court) (Republic of Austria) of 29 January 2002,             The preliminary questions are identical to those in Case C-78/
received at the Court Registry on 4 March 2002, for a                 02.
preliminary ruling in the case of Herbert Karner Industrieauk-
tionen GmbH against Troostwijk GesmbH on the following
question:
Is Article 28 EC to be interpreted as precluding national
legislation which, irrespective of the truthfulness of infor-
mation, prohibits any reference therein to the fact that the
goods come from assets in a bankruptcy, where, in public
announcements or notifications intended for a large circle of
persons, the notice given states that the goods offered for sale      Reference for a preliminary ruling by the Oberster
are from assets in a bankruptcy although the goods in question        Gerichtshof (Republic of Austria) by order of that Court
no longer form part of the assets in the bankruptcy?                  of 31 January 2002 in the case of Eurokeramik Gesell-
                                                                      schaft mbh & Co KG against Gemeinnützige Salzburger
                                                                                       Wohnbaugesellschaft mbH
                                                                                               (Case C-81/02)
                                                                                              (2002/C 144/23)
Reference for a preliminary ruling by the Athens Appeal
Court by order of that Court of 31 January 2002 in the
       case of the Greek State against Katina Petrova
                        (Case C-79/02)                                Reference has been made to the Court of Justice of the
                                                                      European Communities by order of the Oberster Gerichtshof
                                                                      (Republic of Austria) of 31 January 2002, received at the Court
                       (2002/C 144/21)                                Registry on 11 March 2002, for a preliminary ruling in the
                                                                      case of Eurokeramik Gesellschaft mbh & Co KG against
                                                                      Gemeinnützige Salzburger Wohnbaugesellschaft mbH on the
                                                                      following questions:
Reference has been made to the Court of Justice of the
European Communities by order of the Athens Appeal Court
                                                                      1.   Does a social housing association established as a limited
(Greece) of 31 January 2002, received at the Court Registry on
                                                                           liability company of which there are two shareholders,
11 March 2002, for a preliminary ruling in the case of the
                                                                           each a regional or local authority, in carrying out the
Greek State against Katina Petrova on the following questions:
                                                                           objects laid down in its statutes which consist in the
                                                                           provision of social housing, meet needs in the general
The preliminary questions are identical to those in Case C-78/             interest not having an industrial or commercial character,
02.                                                                        and is the association therefore to be regarded as a body
                                                                           governed by public law for the purposes of Article 1(b)
                                                                           of Council Directive 93/37/EEC (1) of 14 June 1993
                                                                           concerning the coordination of procedures for the award
                                                                           of public works contracts, where it carries out its activities
                                                                           with a limited intention to make a profit and is subject to
                                                                           both competition generally and competition specifically
                                                                           from other social housing associations, but at the same
Reference for a preliminary ruling by the Athens Appeal                    time is supported by public funds and is subject to special
Court by order of that Court of 31 January 2002 in the                     State controls?
       case of the Greek State against Loukas Vlachos
                                                                      2.   Is a national procurement law which permits contracting
                        (Case C-80/02)                                     authorities to exclude tenderers, without giving any
                                                                           reasons, from procurement procedures in respect of
                                                                           works contracts below the Community law threshold
                       (2002/C 144/22)                                     and within a minimal amount of up to, for example,
                                                                           EUR 10 000, compatible with Community law?
Reference has been made to the Court of Justice of the
European Communities by order of the Athens Appeal Court              (1) OJ L 199 1993, p. 54.
(Greece) of 31 January 2002, received at the Court Registry on
11 March 2002, for a preliminary ruling in the case of the
Greek State against Loukas Vlachos on the following questions: