2.4.2005   

EN

Official Journal of the European Union

C 82/5


Application for authorisation to serve a garnishee order brought on 28 January 2005 by Intek Company against the Commission of the European Communities

(Case C-1/05 SA)

(2005/C 82/11)

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 28 January 2005 by Intek Company, represented by R. Nathan, avocat.

The applicant claims that the Court should:

lift the Commission's immunity so that the funds which it holds in favour of the judgment debtor, in this case CESD – Communautaire a.s.b.l., may be garnisheed, there being no argument either in law or fact that the Commission, as garnishee, does not validly discharge its liability for the funds which it holds provisionally to the judgment debtor's order by paying them to the judgment creditor;

order the Commission to pay all the costs.