Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-100/02 (Reference for a preliminary ruling from the Bundesgerichtshof): Gerolsteiner Brunnen GmbH & Co. v Putsch GmbH (Directive 89/104/EEC — Limitation of the effects of a trade mark in relation to indications concerning geographical origin — Use of a geographical indication as a trade mark as an element of use in accordance with "honest practices in industrial or commercial matters")
Date: 2004-02-21
Institutions: Court of Justice
Subjects: brand name, interpretation of the law, trade mark, trade-mark law

C 47/8

EN

Official Journal of the European Union

21.2.2004

Regulation (EC) No 241/1999 of 25 January 1999 (OJ
1999 L 27, p. 1), the Court (Fifth Chamber), composed of:
D.A.O. Edward (Rapporteur), acting for the President of the
Fifth Chamber, A. La Pergola and P. Jann, Judges; D. Ruiz-
Jarabo Colomer, Advocate General; R. Grass, Registrar, has
given a judgment on 7 January 2004, in which it has ruled:

1. Articles 2 and 11 of Council Regulation (EC) No 3295/94 of
22 December 1994 laying down measures concerning the entry
into the Community and the export and re-export from the
Community of goods infringing certain intellectual property
rights, as amended by Council Regulation (EC) No 241/1999
of 25 January 1999, are applicable to situations in which
goods in transit between two countries not belonging to the
European Community are temporarily detained in a Member
State by the customs authorities of that State.

2.

The duty to interpret national law so as to be compatible with
Community law, in the light of its wording and purpose, in
order to attain the aim pursued by the latter, cannot, of itself
and independently of a law adopted by a Member State, have
the effect of determining or aggravating the liability in criminal
law of an entity which has failed to meet the requirements of
Regulation No 3295/94.

(1) OJ C 131 of 1.6.2002.

interpretation of Article 6(1)(b) of 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 (Fifth Chamber), composed of: P. Jann, acting
for the President of the Fifth Chamber, C.W.A. Timmermans
and D.A.O. Edward (Rapporteur), Judges; C. Stix-Hackl, Advo-
cate General; M.-F. Contet, Principal Administrator, for the
Registrar, has given a judgment on 7 January 2004, in which
it has ruled:

Article 6(1)(b) of First Council Directive 89/104/EEC of 21 Decem-
ber 1988 to approximate the laws of the Member States relating to
trade marks is to be interpreted as meaning that, where there exists a
likelihood of aural confusion between a word mark registered in one
Member State and an indication, in the course of trade, of the
geographical origin of a product originating in another Member
State, the proprietor of the trade mark may, pursuant to Article 5 of
Directive 89/104, prevent the use of the indication of geographical
origin only if that use is not in accordance with honest practices in
industrial or commercial matters. It is for the national court to carry
out an overall assessment of all the circumstances of the particular
case in that regard.

(1) OJ C 144 of 15.6.2002.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 7 January 2004

in Case C-100/02 (Reference for a preliminary ruling from
the Bundesgerichtshof): Gerolsteiner Brunnen GmbH &
Co. v Putsch GmbH (1)

(Directive 89/104/EEC — Limitation of the effects of a trade
mark in relation to indications concerning geographical
origin — Use of a geographical indication as a trade mark
as an element of use in accordance with ‘honest practices in
industrial or commercial matters’)

(2004/C 47/13)

(Language of the case: German)

(Fifth Chamber)

of 7 January 2004

in Case C-201/02 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales), Queen’s
Bench Division (Administrative Court): The Queen on
the application of Delena Wells v Secretary of State for
Transport, Local Government and the Regions (1)

(Directive 85/337/EEC — Assessment of the effects of
certain projects on the environment — National measure
granting consent for mining operations without an environ-
mental impact assessment being carried out — Direct effect
of directives Triangular situation)

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

(2004/C 47/14)

(Language of the case: English)

In Case C-100/02: Reference to the Court under Article 234
EC by the Bundesgerichtshof (Germany) for a preliminary
ruling in the proceedings pending before that court between
Gerolsteiner Brunnen GmbH & Co. and Putsch GmbH, on the

In Case C-201/02: Reference to the Court under Article 234
EC by the High Court of Justice of England and Wales, Queen’s