Judgment of the Court (Fifth Chamber) of 19 September 2002 in Case C-104/00 P: DKV Deutsche Krankenversicherung AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Word "Companyline" — Absolute ground for refusal — Distinctive character)
Date: 2002-11-09
Institutions: Court of Justice
Subjects: EU trade mark, General Court (EU), Germany, appeal, brand name

9.11.2002

EN

Official Journal of the European Communities

C 274/7

5.

The first paragraph of Article 95 of the Treaty precludes the
levying of a tax such as that at issue in the main proceedings,
which is payable on car tax, in so far as the amount charged as
such a tax on a used car imported from another Member State
exceeds the amount of the residual tax incorporated in the value
of a similar used car already registered in the national territory.

( 1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 19 September 2002

JUDGMENT OF THE COURT

(Fifth Chamber)

of 19 September 2002

in Case C-113/00: Kingdom of Spain v Commission of the
European Communities (1)

(State aid — Agriculture — Aid for horticultural products
intended for industrial processing in Extremadura —
Article 87(1) and (3)(a) and (c) EC — Small amount of aid
— No comments from parties concerned — Operating aid
— Aid relating to products subject to a common organisation
of the market — Restrictions on the free movement of goods
— Statement of reasons)

in Case C-104/00 P: DKV Deutsche Krankenversicherung
AG v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (1)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Word ‘Companyline’ — Absolute ground for
refusal — Distinctive character)

(2002/C 274/10)

(Language of the case: Spanish)

(2002/C 274/09)

(Language of the case: German)

(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-104/00 P, DKV Deutsche Krankenversicherung AG
(represented by: S. von Petersdorff-Campen): Appeal against
the judgment of the Court of First Instance of the European
Communities (Fourth Chamber) of 12 January 2000 in Case
T-19/99 DKV v OHIM (COMPANYLINE) [2000] ECR II-1,
seeking to have that judgment set aside, the other party to the
proceedings being: Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agents: A. von
Mühlendahl and D. Schennen), the Court (Fifth Chamber),
composed of: P. Jann (Rapporteur), President of the Chamber,
S. von Bahr, M. Wathelet, C.W.A. Timmermans and A. Rosas,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 19 September 2002, in which it:

In Case C-113/00, Kingdom of Spain (Agent: S. Ortiz Vaamon-
de) v Commission of the European Communities (Agent:
D. Triantafyllou): Application for annulment of Commission
Decision 2000/237/EC of 22 December 1999 concerning an
aid scheme implemented by Spain in favour of horticultural
products intended for industrial processing in Extremadura in
the 1997/98 marketing year (OJ 2000 L 75, p. 54), the Court
(Fifth Chamber), composed of: P.
the
Chamber, D.A.O. Edward, A. La Pergola, M. Wathelet and
C.W.A. Timmermans (Rapporteur), Judges; F.G. Jacobs, Advo-
cate General; R. Grass, Registrar, has given a judgment on
19 September 2002, in which it:

Jann, President of

1. Dismisses the application;

1. Dismisses the appeal;

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

2. Orders DKV Deutsche Krankenversicherung AG to pay the

costs.

(1) OJ C 176 of 24.6.2000.

( 1) OJ C 192 of 8.7.2000.