Cases C-250/02, C-251/02, C-252/02, C-253/02 and C-256/02: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per il Lazio by judgment of that Court of 23 January 2002 in the cases of Telecom Italia Mobile (C-250/02), BLU SpA, intervener: Albacom (C-251/02), Telecom Italia SpA, intervener: Telemar (C-252/02), Omnitel Pronto Italia SpA (C-253/02), and WIND Telecomunicazioni SpA (C-256/02) against Ministero del Tesoro, del Bilancio e della Programmazione Econimica (now Ministero dell' Economia e delle Finanze) and Ministero delle Comunicazioni
Date: 2002-09-14
Institutions: Court of Justice
Subjects: freedom to provide services, interpretation of the law, radio telecommunications, right of establishment, tax system, telecommunications, transmission network

C 219/6

EN

Official Journal of the European Communities

14.9.2002

Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per il Lazio by judgment of
that Court of 23 January 2002 in the cases of Telecom
Italia Mobile (C-250/02), BLU SpA, intervener: Albacom
(C-251/02), Telecom Italia SpA,
intervener: Telemar
(C-252/02), Omnitel Pronto Italia SpA (C-253/02), and
WIND Telecomunicazioni SpA (C-256/02) against Mini-
stero del Tesoro, del Bilancio e della Programmazione
Econimica (now Ministero dell’ Economia e delle Finanze)
and Ministero delle Comunicazioni

(Cases C-250/02, C-251/02, C-252/02, C-253/02 and C-256/
02)

legislation, subjecting undertakings active on the Italian
market to conditions more oppressive than those pro-
vided for by those provisions of Community law in the
other States of the Union?

(1) OJ L 117 of 7.5.1997, p. 15.

(2002/C 219/09)

Reference for a preliminary ruling by the High Court of
Justice (England & Wales), Chancery Division, by order
of that court dated 17 June 2002, in the case of La Mer
Technology Inc. against Laboratoires Goemar S.A.

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale Amministra-
tivo Regionale per il Lazio (Regional Administrative Court for
Lazio) of 23 January 2002, received at the Court Registry on
10 July 2002, for a preliminary ruling in the cases of Telecom
Italia Mobile (C-250/02), BLU SpA,
intervener: Albacom
(C-251/02), Telecom Italia SpA, intervener: Telemar (C-252/
02), Omnitel Pronto Italia SpA (C-253/02), and WIND Teleco-
municazioni SpA (C-256/02) against Ministero del Tesoro, del
Bilancio e della Programmazione Econimica (now Ministero
dell’ Economia e delle Finanze) and Ministero delle Comunica-
zioni (Ministry of the Treasury, Budget and Economic Planning
(now Ministry of Economy and Finance) and Ministry of
Communications) on the following questions:

1) Do Articles 6 and 11 of Directive 97/13/EC (1) of the
European Parliament and of the Council of 10 April 1997
on a common framework for general authorizations and
individual
licences in the field of telecommunications
services permit Member States to require only those
undertakings which hold a licence or authorisation to
carry on telecommunications activities to make financial
payments, whatever they may be called, other than and
in addition to those provided for by that Directive, and
are such payments in keeping with the principle of non-
discrimination?

2) Do Articles 6 and 11 of Directive 97/13/EC permit
Member States to introduce direct or indirect taxes or
other charges of a fiscal nature on activities consisting
of installing and supplying public telecommunications
networks, the supply to the public of voice telephony
services and mobile and personal communication ser-
vices, determined in variable percentage terms and having
equivalent effect to those prohibited by the Community
legislation?

3) May Articles 2, 3 and 95 of the Treaty and Article 12 of
Directive 97/13/EC be interpreted to mean that it is not
permissible for the Member States to introduce financial
charges contrary to the provisions of the harmonising

(Case C-259/02)

(2002/C 219/10)

Justice of the
Reference has been made to the Court of
European Communities by an order of the High Court of
Justice (England & Wales), Chancery Division, dated 17 June
2002, which was received at the Court Registry on 15 July
2002, for a preliminary ruling in the case of La Mer Technology
Inc. and Laboratoires Goemar S.A. on the following questions:

1. What factors should be taken into account when deciding
whether a mark has been ‘put to genuine use’ in a Member
State within the meaning of Articles 10(1) and 12(1) of
the First Council Directive 89/104 (1) of 21 December
1988?

In particular:

2.

3.

4.

5.

Should the extent of use of the mark in relation to the
goods or services for which the mark is registered in the
Member State be taken into account?

Is any amount of use however small, sufficient if it was
made with no purpose other than commercially dealing
in the goods or providing the service concerned?

If the answer to the foregoing question is ‘no’ what is the
test for determining how much use is sufficient, and in
particular does that test include a consideration of nature
and size of the business of the registered proprietor?

Is token or sham use to be disregarded, and in particular
is use whose sole or predominant purpose is defeating a
potential claim for revocation to be disregarded?