Judgment of the Court (First Chamber) of 30 June 2005 in Case C-286/04 P: Eurocermex SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Article 7(1)(b) and (3) of Regulation (EC) No 40/94 — Three-dimensional shape of a long-neck bottle in the neck of which a slice of lemon has been plugged — Absolute ground for refusal — Distinctive character)
Date: 2005-08-20
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, originating product, packaging product, trade-mark law

20.8.2005

EN

Official Journal of the European Union

C 205/5

1. Declares that, by maintaining in force Decree-Law (decreto-legge)
No 192 of 25 May 2001, converted into Law No 301, entitled
‘Urgent provisions to ensure the liberalisation and privatisation of
specific public service sectors’ (legge no 301, recante disposizioni
urgenti per salvaguardare i processi di liberalizzazione e privatizza-
zione di specifici settori dei servizi publici), of 20 July 2001,
which provides for
the automatic suspension of voting rights
attaching to holdings in excess of 2 % of the capital of undertak-
ings operating in the electricity and gas sectors, where those hold-
ings are acquired by public undertakings not quoted on regulated
financial markets and enjoying a dominant position in their own
domestic markets, the Italian Republic has failed to fulfil its obli-
gations under Article 56 EC;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 156 of 12.06.2004.

lawyer, appellant, the other party to the proceedings being:
Office for Harmonisation in the Internal Market (Trade Marks
and Designs)
(OHIM), represented by A. Rassat, acting as
Agent, defendant at first instance — the Court (First Chamber),
composed of P. Jann, President of the Chamber, K. Lenaerts, K.
Schiemann, E.
Judges; D.
Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
gave a judgment on 30 June 2005, in which it:

Juhász and M. Ilešič (Rapporteur),

1. Dismisses the appeal;

2. Orders Eurocermex SA to pay the costs.

(1) OJ C 217 of 28.08.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 30 June 2005

(Fifth Chamber)

of 30 June 2005

in Case C-286/04 P: Eurocermex SA v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Appeal — Community trade mark — Article 7(1)(b) and (3)
of Regulation (EC) No 40/94 — Three-dimensional shape of
a long-neck bottle in the neck of which a slice of lemon has
been plugged — Absolute ground for refusal — Distinctive
character)

(2005/C 205/09)

(Language of the case: French)

In Case C-286/04 P, appeal under Article 56 of the Statute of
the Court of Justice, brought on 29 June 2004, Eurocermex
SA, established in Evere (Belgium), represented by A. Bertrand,

in Case C-30/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil its obligations — Direc-
tives 1999/45/EC and 2001/60/EC — Failure to transpose
within the prescribed period)

(2005/C 205/10)

(Language of the case: French)

In Case C-30/05 Commission of the European Communities
(Agents: C.F. Durand and F. Simonetti) v Grand Duchy of
Luxembourg (Agent: S. Schreiner) — action under Article 226
EC for failure to fulfil obligations, brought on 28 January 2005
(Fifth Chamber), composed of R. Silva de
— the Court
Lapuerta, President of the Chamber, C. Gulmann and J. Klučka
(Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, gave a judgment on 30 June 2005, in which it: