Judgment of the Court (Sixth Chamber) of 6 December 2001 in Case C-269/99 (reference for a preliminary ruling from the Landgericht Hamburg): Carl Kühne GmbH & Co. KG, Rich. Hengstenberg GmbH & Co., Ernst Nowka GmbH & Co. KG v Jütro Konservenfabrik GmbH & Co. KG (Agricultural products and foodstuffs — Geographical indications and designations of origin — Simplified registration procedure — Protection of the designation "Spreewälder Gurken")
Date: 2002-04-06
Institutions: Court of Justice
Subjects: agricultural product, designation of origin, foodstuff, interpretation of the law, location of production

C 84/6

EN

Official Journal of the European Communities

6.4.2002

a) A benefit such as the advance on maintenance payments
provided for by the O¨ sterreichische Bundesgesetz über die
Gewährung von Vorschüssen auf den Unterhalt von Kindern
(Unterhaltsvorschussgesetz) (Austrian Federal Law on the Grant
of Advances for the Maintenance of Children), adopted in
1985, is a family benefit within the meaning of Article 4(1)(h)
of Council Regulation (EEC) No 1408/71 of 14 June 1971
on the application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community, as amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996.

b) A person, one or other of whose parents is an employed person
or is out of work, comes within the scope ratione personae of
Regulation No 1408/71, as amended, as a member of the
family of a worker within the meaning of Article 2(1) of
Regulation No 1408/71, read in the light of Article 1(f)(i)
thereof.

c) Articles 73 and 74 of Regulation No 1408/71 are to be
construed as meaning that, where a minor child resides with the
parent who has custody in a Member State other than the
Member State providing the benefit, and where the other parent,
who is under an obligation to pay maintenance, works or is
unemployed in the Member State providing the benefit, that
child is entitled to receive a family benefit such as the advance
on maintenance payments provided for by the Unterhaltsvor-
schussgesetz.

(1) OJ C 265 of 18.9.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 December 2001

in Case C-269/99 (reference for a preliminary ruling from
the Landgericht Hamburg): Carl Kühne GmbH & Co. KG,
Rich. Hengstenberg GmbH & Co., Ernst Nowka GmbH &
Co. KG v Jütro Konservenfabrik GmbH & Co. KG (1)

(Agricultural products and foodstuffs — Geographical indi-
cations and designations of origin — Simplified registration
procedure — Protection of the designation ‘Spreewälder
Gurken’)

(2002/C 84/10)

(Language of the case: German)

for a preliminary ruling in the proceedings pending before
that court between Carl Kühne GmbH & Co. KG, Rich.
Hengstenberg GmbH & Co., Ernst Nowka GmbH & Co. KG
and Jütro Konservenfabrik GmbH & Co. KG — on the validity
of Commission Regulation (EC) No 590/1999 of 18 March
1999 supplementing
to Regulation (EC)
the Annex
No 1107/96 on the registration of geographical indications
and designations of origin under the procedure laid down in
Article 17 of Regulation (EEC) No 2081/92 (OJ 1999 L 74,
p. 8) — the Court (Sixth Chamber), composed of: N. Colneric,
President of the Second Chamber, acting for the President of
the Sixth Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet,
R. Schintgen and V. Skouris, Judges; F.G. Jacobs, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 6 December 2001, in which it has ruled:

Consideration of the question referred has not revealed any matter of
such a nature as to affect the validity of Commission Regulation (EC)
No 590/1999 of 18 March 1999 supplementing the Annex to
Regulation (EC) No 1107/96 on the registration of geographical
indications and designations of origin under the procedure laid down
in Article 17 of Regulation (EEC) No 2081/92, in so far as it
registers the designation ‘Spreewälder Gurken’.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 27 November 2001

in Case C-270/99 P: Z v European Parliament (1)

(Appeal — Officials — Disciplinary proceedings — Failure
to comply with the time-limits laid down in Article 7 of
Annex IX to the Staff Regulations of Officials of the
European Communities)

(2002/C 84/11)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-269/99: reference to the Court under Article 234
EC from the Landgericht (Regional Court) Hamburg (Germany)

In Case C-270/99 P: Z, an official of the European Parliament,
residing in Brussels (Belgium), represented by J.-N. Louis,
avocat, appeal against the judgment of the Court of First
Instance of the European Communities (First Chamber) of
4 May 1999 in Case T-242/97 Z v Parliament [1999] ECR
I-A-77 and II-401, seeking to have that judgment set aside in
so far as the Court of First Instance dismissed Z’s action against