Case C-138/02: Reference for a preliminary ruling by the Social Security Commissioners, London, by order dated 28 March 2002, in the case of Brian Francis Collins against Secretary of State for Work and Pensions
Date: 2002-06-15
Institutions: Court of Justice
Subjects: EU employment policy, free movement of workers, preliminary issue, social security legislation

15.6.2002

EN

Official Journal of the European Communities

C 144/23

income-based jobseeker’s allowance to a person in the
circumstances of the claimant in the present case?

(1) on freedom of movement for workers within the Community (OJ

L 257, 19.10.1968, p. 2) (SE SER 1 68(II), p. 475).

(2) on the abolition of restrictions on movement and residence within
the Community for workers of Member States and their families
(OJ L 257, 19.10.1968, p. 13) (SE SER 1 68(II), p. 485).

in respect of which registration is sought, the same type
of goods are commonly found in the trade and the nature
of the marks influences the perception of the marks by
the targeted public.

— Infringement of Article 7(1)(b) of Regulation No 40/94:
the requirements imposed by the Court of First Instance
with respect to distinctiveness are too stringent.

— Infringement of Article 7(1)(b) of Regulation No 40/94:
the Court of First Instance imposes incorrect requirements
with respect to distinctiveness which are not provided for
in the Regulation by presuming, without any factual
basis, that the existence — assumed by it — of ‘a wide
variety of designs’ and the average consumer’s familiarity
with shapes similar to those at issue influence distinc-
tiveness.

(1) Not yet published in the European Court Reports.
(2) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark, OJ 1994 L 11, p. 1.

Reference for a preliminary ruling by the House of Lords,
by order of that court dated 17 December 2001, in the
case of Regina against Minister of Agriculture, Fisheries
and Food, Ex parte: S.P. Anastasiou (Pissouri) Limited and
others, Interveners: Cypfruvex (UK) Ltd, Cypfruvex Fruit
and Vegetable (Cypfruvex) Enterprises Ltd

Reference for a preliminary ruling by the Social Security
Commissioners, London, by order dated 28 March 2002,
in the case of Brian Francis Collins against Secretary of
State for Work and Pensions

(Case C-138/02)

(2002/C 144/39)

(Case C-140/02)

(2002/C 144/40)

Reference has been made to the Court of Justice of the
European Communities by an order of the Social Security
Commissioners, London, dated 28 March 2002, which was
received at the Court Registry on 12 April 2002,
for a
preliminary ruling in the case of Brian Francis Collins and
Secretary of State for Work and Pensions on the following
questions:

1.

2.

3.

Is a person in the circumstances of the claimant in the
present case a worker for the purposes of Regulation
No 1612/68 (1) of the Council of 15 October 1968?

If the answer to question 1 is not in the affirmative, does
a person in the circumstances of the claimant in the
present case have a right to reside in the United Kingdom
pursuant to Directive No 68/360 (2) of the Council of
15 October 1968?

If the answers to both questions 1 and 2 are not in the
affirmative, do any provisions or principles of European
Community law require the payment of a social security
benefit with conditions of entitlement like those for

Reference has been made to the Court of Justice of the
European Communities by an order of the House of Lords
dated 17 December 2001, which was received at the Court
Registry on 16 April 2002, for a preliminary ruling in the case
of Regina against Minister of Agriculture, Fisheries and Food,
Ex parte: S.P. Anastasiou (Pissouri) Limited and others, Inter-
veners: Cypfruvex (UK) Ltd, Cypfruvex Fruit and Vegetable
(Cypfruvex) Enterprises Ltd, on the following questions:

1. Whether, where citrus fruit originating in one third
country has been shipped to another third country, the
special requirement that the packaging shall bear an
appropriate origin mark pursuant
to item 16.1 of
Annex IVA of Directive 77/93/EEC, now Directive 2000/
29/EC (1), can only be fulfilled in the country of origin or
whether it may alternatively be fulfilled in such other
third country?

2. Whether the official statement required by items 16.2 to
16.4 of Directive 2000/29/EC as to the country of origin
must be made by an official in the country of origin or