Case C-327/01: Action brought on 31 August 2001 by the Commission of the European Communities against Ireland
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, air transport, civil aviation, transport regulations

10.11.2001

EN

Official Journal of the European Communities

C 317/13

European Communities
in Joined Cases T-357/99 and
T-358/99 between Telefon & Buch VerlagsgmbH and the
Office for Harmonisation in the Internat Market (Trade Marks
and Designs) (OHIM) was brought before the Court of Justice
of the European Communities on 29 August 2001 (by fax on
27 August 2001) by Telefon & Buch VerlagsgmbH, represented
by Dr Hans Georg Zeiner, Zeiner & Zeiner Chambers, Schil-
linggasse 6, A-1010 Vienna.

The appellant claims that the Court should:

1.

2.

3.

set aside the judgment of the Court of First Instance of
14 June 2001 in Joined Cases T-357/99 and T-358/99
Telefon & Buch VerlagsgmbH v Office for Harmonisation
in the Internat Market;

declare that the words UNIVERSALTELEFONBUCH and
UNIVERSALKOMMUNIKATIONSVERZEICHNIS
are
capable of comprising European Community trade marks,
satisfy the requirements of Article 4 of Regulation
No 40/94 and are not merely descriptive within the
meaning of Article 7(1)(c) of that regulation;

refer the case back to the Office for Harmonisation in the
Internat Market for further consideration and decision,
requiring it to follow the view as to the law of the Court
of Justice of the European Communities;

Action brought on 31 August 2001 by the Commission
of the European Communities against Ireland

(Case C-327/01)

(2001/C 317/22)

An action against Ireland was brought before the Court of
Justice of the European Communities on 31 August 2001 by
the Commission of the European Communities, represented
by Mikko Huttunen, acting as agent, with an address for
service in Luxembourg.

The Applicant claims that the Court should:

(1) declare that by. failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Council Directive 98/20/EC (1) of 30 March 1998
amending Directive 92/14/EEC (2) on the limitation of the
operation of aeroplanes covered by Part II, Chapter 2,
Volume 1 of Annex 16 to the Convention on Inter-
national Civil Aviation, second edition (1988) or, in any
event, by failing to inform the Commission of those
measures, Ireland has failed to fulfil its obligations under
that Directive;

(2) order Ireland to pay the costs.

4.

order the Office for Harmonisation in the Internat Market
to pay the costs of these proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
in Case C-323/01 (3); the time-limit for transposition expired
on 1 March 1999.

to a requirement of availability.

Article 7(1)(c) of Council Regulation (EC) No 40/94 of
20 December 1993 on the Community trade mark (1) has been
infringed because it was interpreted too broadly and therefore
incorrectly: the neologisms at issue here, acknowledged by the
Court of First Instance as such, cannot be signs which are
subject
It would be an
interference with the creativity of economic operators to
reserve for commercial dealings words which have not yet
been used, or have not yet been used for certain goods or
services, and therefore clearly are also not needed for such
dealings; that appears untenable on the basis of Regulation
No 40/94. If the ground for excluding protection, contained
in Article 7(1)(c) of Regulation No 40/94, were interpreted as
broadly as the Court of First Instance has interpreted it in the
contested judgment, Article 12(b) of that regulation would be
superfluous.

(1) OJ L 11, 14.1.1994, p. 1.

(1) OJ L 107, 7.4.1998, p. 4.
(2) OJ L 76, 23.3.1992, p. 21.
(3) See page 12 of this Official Journal.

Action brought on 31 August 2001 by the Commission
of the European Communities against Ireland

(Case C-328/01)

(2001/C 317/23)

An action against Ireland was brought before the Court of
Justice of the European Communities on 31 August 2001 by
the Commission of the European Communities, represented
by Mikko Huttunen, acting as agent, with an address for
service in Luxembourg.