Judgment of the Court (Fourth Chamber) of 7 November 2002 in Case C-184/01 P: Peter Hirschfeldt (Appeal — Officials — Internal competition — Cancellation — Transfer — Promotion — Article 8 of the Staff Regulations)
Date: 2002-12-21
Institutions: Court of Justice
Subjects: European Environment Agency, European official, General Court (EU), action for annulment (EU), competition (EU), infringement of EU law

21.12.2002

EN

Official Journal of the European Communities

C 323/21

2. Article 6(3) of Directive 76/768 as amended by Directive 93/
35 precludes national legislation which authorises the use of
information as referred to in Question 1 only on condition that
prior authorisation is granted by the competent Minister.

( 1) OJ C 118 of 21.4.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 14 November 2002

in Case C-112/01 (Reference for a preliminary ruling
from the Vestre Landsret): SPKR 4 nr. 3482 ApS v
Skatteministeriet, Told- og Skattestyrelsen, Aktieselskab-
et af 11/9 1996, Arden Transport & Spedition ved Søren
Lauritsen og Lene Lauritsen I/S (ATS) (1)

(Regulations (EEC) Nos 2913/92 and 2454/93 — External
Community transit — Offence or irregularity — Recovery
of a customs debt — Conditions)

(2002/C 323/27)

Customs Code, read in conjunction with Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the Community
Customs Code, should be interpreted as meaning that a customs debt
arising by reason of an offence or irregularity committed in connection
with a consignment placed under the external Community transit
procedure can be recovered from the principal by the office of departure
even if it did not notify the principal before the end of the 11th
month following the date of registration of the Community transit
declaration that the consignment had not been presented at the office
of destination and that the place of the offence or irregularity could
not be established. The same applies if the office of departure did not
follow an administrative procedure for the transmission of infor-
mation, such as the early warning system, or if the failure to comply
with the time-limit was due to error or negligence on the part of that
office.

(1) OJ C 134 of 5.5.2001.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 7 November 2002

(Language of the case: Danish)

in Case C-184/01 P: Peter Hirschfeldt (1)

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

(Appeal — Officials — Internal competition — Cancellation
— Transfer — Promotion — Article 8 of the Staff Regu-
lations)

In Case C-112/01: Reference to the Court under Article 234
EC by the Vestre Landsret (Denmark) for a preliminary ruling
in the proceedings pending before that court between SPKR 4
nr. 3482 ApS and Skatteministeriet, Told- og Skattestyrelsen,
Aktieselskabet af 11/9 1996, Arden Transport & Spedition
ved Søren Lauritsen og Lene Lauritsen I/S (ATS), on the
interpretation of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs Code
(OJ 1992 L 302, p. 1), and Commission Regulation (EEC)
No 2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92 (OJ
1993 L 253, p. 1), the Court (Sixth Chamber), composed of:
J.-P. Puissochet, President of the Chamber, C. Gulmann,
V. Skouris, F. Macken and J.N. Cunha Rodrigues (Rapporteur),
Judges; J. Mischo, Advocate General; H. von Holstein, Deputy
Registrar, has given a judgment on 14 November 2002, in
which it has ruled:

Article 379(1) of Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the Community

(2002/C 323/28)

(Language of the case: French)

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

In Case C-184/01 P, Peter Hirschfeldt (Agents: J.-N. Louis and
V. Peere): Appeal against the judgment of the Court of First
Instance of the European Communities (Fifth Chamber) of
13 February 2001 in Case T-166/00 Hirschfeldt v EEA [2001]
ECR-SC I-A-41 and II-157, seeking to have that judgment set
aside and the claims at first instance allowed, the other party
to the proceedings being: European Environment Agency,
represented by J.-L. Salazar and J. Rivière, acting as Agents,
assisted by D. Waelbroeck, avocat, with an address for service
in Luxembourg, the Court (Fourth Chamber), composed of:

C 323/22

EN

Official Journal of the European Communities

21.12.2002

C.W.A. Timmermans (Rapporteur), President of the Chamber,
D.A.O. Edward and S. von Bahr, Judges; F.G. Jacobs, Advocate
General; R. Grass, Registrar, has given a judgment on 7 Novem-
ber 2002, in which it:

1. Dismisses the appeal;

2. Orders Mr Hirschfeldt to pay the costs.

( 1) OJ C 200 of 14.7.2001.

party uses in the course of trade a sign which is identical to a validly
registered trade mark on goods which are identical to those for which
it is registered, the trade mark proprietor of the mark is entitled, in
circumstances such as those in the present case, to rely on Article
5(1)(a) of that directive to prevent that use. It is immaterial that, in
the context of that use, the sign is perceived as a badge of support for
or loyalty or affiliation to the trade mark proprietor.

(1) OJ C 212 of 28.7.2001.

JUDGMENT OF THE COURT

of 12 November 2002

in Case C-206/01 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales), Chancery
Division): Arsenal Football Club plc v Matthew Reed (1)

(Approximation of laws — Trade marks — Directive 89/
104/EEC — Article 5(1)(a) — Scope of the proprietor’s
exclusive right to the trade mark)

(2002/C 323/29)

(Language of the case: English)

JUDGMENT OF THE COURT

(Second Chamber)

of 7 November 2002

In Joined Cases C-228/01 and C-289/01 (Reference for a
preliminary ruling from the tribunal de grande instance
de Dax): Jacques Bourrasse and Jean-Marie Perchicot (1)

(Transport— Directive 84/647/EEC — Use of vehicles hired
without drivers for the carriage of goods by road —
Registration of hired vehicles — Hired vehicles operating
under Community authorisation — Regulation (EEC)
No 881/92 — Management of tachograph discs of hired
vehicles — Regulation (EEC) No 3821/85)

(2002/C 323/30)

(Language of the case: French)

In Case C-206/01: Reference to the Court under Article 234
EC by the High Court of Justice of England and Wales,
Chancery Division, for a preliminary ruling in the proceedings
pending before that court between Arsenal Football Club plc
and Matthew Reed, on the interpretation of Article 5(1)(a) of
the First Council Directive 89/104/EEC of 21 December 1988
to approximate the laws of the Member States relating to trade
marks (OJ 1989 L 40, p. 1),
the Court, composed of:
G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet,
C.W.A. Timmermans (Rapporteur) (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken,
N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; L. Hewlett, Principal Administrator, for the
Registrar, has given a judgment on 12 November 2002, in
which it has ruled:

In a situation which is not covered by Article 6(1) of the First Council
Directive 89/104/EEC of 21 December 1988 to approximate the
laws of the Member States relating to trade marks, where a third

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

In Joined Cases C-228/01 and C-289/01: Reference to the
Court under Article 234 EC by the Cour d’appel de Pau (C-228/
01) and the Tribunal de grande instance de Dax (C-289/01)
(France) for a preliminary ruling in the criminal proceedings
pending before those courts against Jacques Bourrasse (C-228/
01) and Jean-Marie Perchicot (C-289/01) Third parties: Union
régionale syndicale des petits et moyens transporteurs du Sud-
Ouest (Unostra Aquitaine) (C-228/01), Fédération générale des
transports et de l’équipement CFDT (FGTE-CFDT) (C-289/01)
and Inspection du travail des transports (C-228/01 and C-289/
01), and on the interpretation of Article 2 of Council Directive
84/647/EEC of 19 December 1984 on the use of vehicles
hired without drivers for the carriage of goods by road (OJ
1984 L 335, p. 72), as amended by Council Directive 90/398/
EEC of 24 July 1990 (OJ 1990 L 202, p. 46), the Court (Second