Judgment of the Court (Sixth Chamber) of 19 September 2002 in Case C-433/00 (Reference for a preliminary ruling from the Landgericht Köln): Aventis Pharma Deutschland GmbH v Kohlpharma GmbH, MTK Pharma Vertriebs-GmbH (Trade mark rights — Medicinal products — Central marketing authorisation — Repackaging)
Date: 2002-11-09
Institutions: Court of Justice
Subjects: brand name, interpretation of the law, pharmaceutical product, preparation for market, trade-mark law

C 274/14

EN

Official Journal of the European Communities

9.11.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

(Sixth Chamber)

of 19 September 2002

of 19 September 2002

in Case C-433/00 (Reference for a preliminary ruling
from the Landgericht Köln): Aventis Pharma Deutschland
GmbH v Kohlpharma GmbH, MTK Pharma Vertriebs-
GmbH (1)

(Trade mark rights — Medicinal products — Central market-
ing authorisation — Repackaging)

(2002/C 274/22)

(Language of the case: German)

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

In Case C-433/00: Reference to the Court under Article 234
EC by the Landgericht Köln (Germany) for a preliminary ruling
in the proceedings pending before that court between Aventis
Pharma Deutschland GmbH and Kohlpharma GmbH, MTK
Pharma Vertriebs-GmbH, on the interpretation of Council
Regulation (EEC) No 2309/93 of 22 July 1993 laying down
Community procedures for the authorisation and supervision
of medicinal products for human and veterinary use and
establishing a European Agency for the Evaluation of Medicinal
Products (OJ 1993 L 214, p. 1) and of the rules of Community
law on the free movement of medicinal products, the Court
(Sixth Chamber), composed of: F. Macken, President of the
Chamber, N. Colneric, C. Gulmann (Rapporteur), J.-P. Puisso-
chet and V. Skouris, Judges; F. G. Jacobs, Advocate General;
H. A. Rühl, Principal Administrator, for the Registrar, has
given a judgment on 19 September 2002, in which it has
ruled:

Council Regulation (EEC) No 2309/93 of 22 July 1993 laying
down Community procedures for the authorisation and supervision of
medicinal products for human and veterinary use and establishing a
European Agency for the Evaluation of Medicinal Products precludes
a medicinal product which is the subject of two separate central
marketing authorisations, one for packs of five items and the other
for packs of 10 items, from being marketed in a package consisting
five items which have been joined together and
of two packs of
relabelled.

in Case C-221/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Directive 97/33/EC — Telecommunications — Intercon-
nection of networks — Interoperability of services)

(2002/C 274/23)

(Language of the case: French)

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

In Case C-221/01, Commission of the European Communities
(Agent: H. van Lier) v Kingdom of Belgium (Agent: initially
F. van de Craen, and, subsequently, A. Snoecx): Application
for a declaration that, by failing to adopt all
the laws,
regulations and administrative provisions necessary to comply
with Directive 97/33/EC of the European Parliament and
the Council of 30 June 1997 on interconnection in
of
Telecommunications with regard to ensuring universal service
and interoperability through application of the principles of
Open Network Provision (ONP) (OJ 1997 L 199, p. 32) and,
in particular, with Articles 7(5), 9(3) and 14(1) and (2) thereof,
the Kingdom of Belgium has failed to fulfil its obligations
under that directive, the Court (Sixth Chamber), composed of:
F. Macken, President of the Chamber, N. Colneric, C. Gulmann
(Rapporteur), R. Schintgen and V. Skouris, Judges; F. G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 19 September 2002, in which it:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Articles 7(5)
and 9(3) of Directive 97/33/EC of the European Parliament
and of the Council of 30 June 1997 on interconnection in
Telecommunications with regard to ensuring universal service
and interoperability through application of the principles of
Open Network Provision (ONP), as well as Article 14(1) in
conjunction with Article 12(4) thereof, the Kingdom of Belgium
has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Belgium to pay the costs.

( 1) OJ C 45 of 10.2.2001.

(1) OJ C 227 of 11.8.2001.