Case C-191/01 P: Appeal brought on 20 April 2001 by Office for Harmonization in the Internal Market (Trade Marks and Designs) against the judgment delivered on 31 January 2001 by the Second Chamber of the Court of First Instance of the European Communities in case T-193/99 between Wm. Wrigley Jr. Company and Office for Harmonization in the Internal Market (Trade Marks and Designs)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, General Court (EU), action for annulment (EU), infringement of EU law, trade mark

C 200/50

EN

Official Journal of the European Communities

14.7.2001

tungssenat Salzburg (Independent Administrative Chamber for
Salzburg) of 25 April 2001 which was received at the Court
Registry on 30 April 2001, for a preliminary ruling in the
case of Francisco Javier Gonzales Moreno on the following
questions:

1.

Do Articles 28 and 30 EC, Council Directive 76/768/EEC
of 27 July 1976 (1) on the approximation of the laws of
the Member States relating to cosmetic products, as
amended by Council Directive 88/667/EEC of 21 Decem-
ber 1988 (2) and Council Directive 93/35/EEC of 14 June
1993 (3), in particular Article 6(3) thereof, together with
Council Directive 84/450/EEC of 10 September 1984 (4)
relating to the approximation of the laws, regulations
and administrative provisions of
the Member States
concerning misleading advertising, in particular Articles 4
and 7 thereof, preclude national legislation which pro-
hibits,
in connection with the marketing of cosmetic
products, references to medical opinions, by the use, in
particular, of the description ‘ophthalmologically tested’?

2. Do Articles 28 and 30 EC, Council Directive 76/768/EEC
of 27 July 1976 on the approximation of the laws of the
Member States relating to cosmetic products, as amended
by Council Directive 88/667/EEC of 21 December 1988
and Council Directive 93/35/EEC of 14 June 1993, in
particular Article 6(3) thereof, and Council Directive
84/450/EEC of 10 September 1984 on the approxi-
mation of the laws, regulations and administrative pro-
visions of
the Member States concerning misleading
advertising, in particular Articles 4 and 7 thereof, preclude
national legislation which permits the use of references
falling within the terms of Question 1 only after prior
authorisation by the competent Federal Minister?

(1) OJ 1976 L 262, p. 169.
(2) OJ 1988 L 382, p. 46.
(3) OJ 1993 L 151 p. 32.
(4) OJ 1984 L 250, p. 17.

European Communities in case T-193/99 between Wm.
Wrigley Jr. Company and Office for Harmonization in the
Internal Market (Trade Marks and Designs), was brought before
the Court of Justice of the European Communities on 20 April
2001 by Office for Harmonization in the Internal Market
(Trade Marks and Designs), represented by Virginia Melgar and
Susanna Laitinen, acting as Agents.

The Appellant claims that the Court should:

— annul the judgment;

— order the respondent to pay the costs of the proceedings

before the Court of First Instance and before this Court.

Pleas in law and main arguments

The Office for Harmonization in the Internal Market (Trade
Marks and Designs) submits that:

— The Court of First Instance erred in law in interpreting
Article 7(1)(c) CTMR to require that a term must be
‘exclusively descriptive’
is to be excluded from
it
registration as a Community trade mark under that
provision and in holding that the term ‘Doublemint’ is
thus not excluded from registration.

if

— The reasoning used to support the reversal of the refusal
of the term ‘Doublemint’ is contradictory, founded on an
artificial analysis, and fails to regard commercial reality
and the context in which the mark is to be used, which
amounts to a reversible error of law because it constitutes
a manifest error of appreciation.

(1) OJ C 333, 20.11.1999, p. 27.

Appeal brought on 20 April 2001 by Office for Harmo-
nization in the Internal Market (Trade Marks and Designs)
against the judgment delivered on 31 January 2001 by the
Second Chamber of the Court of First Instance of the
European Communities in case T-193/99 (1) between Wm.
Wrigley Jr. Company and Office for Harmonization in the
Internal Market (Trade Marks and Designs)

(Case C-191/01 P)

(2001/C 200/90)

An appeal against the judgment delivered on 31 January 2001
by the Second Chamber of the Court of First Instance of the

Action brought on 4 May 2001 by the Commission of the
European Communities against the Kingdom of Denmark

(Case C-192/01)

(2001/C 200/91)

An action against the Kingdom of Denmark was brought
before the Court of Justice on 4 May 2001 by the Commission
of the European Communities, represented by Hans Christian
Støvlbæk, with an address for service in Luxembourg.