Judgment of the Court (Third Chamber) of 15 September 2005 in Case C-37/03 P: BioID AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Article 7(1)(b) of Regulation (EC) No 40/94 — Word and figurative mark — BioID — Absolute ground for refusal to register — Trade mark devoid of any distinctive character)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU)

29.10.2005

EN

Official Journal of the European Union

C 271/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

nitrates from agricultural sources, the Kingdom of Spain has failed
to fulfil its obligations under those directives;

(Third Chamber)

of 8 September 2005

in Case C-416/02: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directives
75/442/EEC and 91/156/EEC — Meaning of ‘waste’ —
Directives 85/337/EEC and 97/11/EC — Assessment of the
effects of certain public and private projects on the environ-
ment — Directive 80/68/EEC — Protection of groundwater
against pollution caused by certain dangerous substances —
Directive 91/271/EEC — Urban waste-water treatment —
Directive 91/676/EEC — Protection of waters against pollu-
tion caused by nitrates from agricultural sources — Pollution
caused by a pig farm)

(2005/C 271/01)

(Language of the case: Spanish)

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Spain to bear two thirds of all the costs
and the Commission of the European Communities to bear the
other third;

4. Orders

the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

(1) OJ C 31 of 08. 02. 2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 15 September 2005

In Case C-416/02: Action under Article 226 EC for failure to
fulfil obligations, brought on 19 November 2002, Commission
of
the European Communities (Agent: G. Valero Jordana)
supported by United Kingdom of Great Britain and Northern
and subsequently C. White,
Ireland (Agents: K. Manji,
instructing D. Wyatt QC) v Kingdom of Spain (Agent: N. Díaz
Abad) — the Court (Third Chamber), composed of A. Rosas,
President of the Chamber, J.-P. Puissochet (Rapporteur), S. von
Judges; C. Stix-Hackl,
Bahr, U. Lõhmus and A. Ó Caoimh,
Advocate General; M. Ferreira, Principal Administrator, for the
Registrar, gave a judgment on 8 September 2005, in which it:

1. Declares that, by failing to ensure that urban waste water from
the agglomeration of Vera is subjected to such treatment as is
required by Article 5(2) of Council Directive 91/271/EEC of 21
May 1991 concerning urban waste-water treatment, that is to say
treatment which is more stringent than that described in Article 4
that directive, and by failing to designate the Rambla de
of
Mojácar as a vulnerable zone contrary to Article 3(1), (2) and (4)
of Council Directive 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution caused by

in Case C-37/03 P: BioID AG v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Appeal — Community trade mark — Article 7(1)(b) of
Regulation (EC) No 40/94 — Word and figurative mark —
BioID — Absolute ground for refusal to register — Trade
mark devoid of any distinctive character)

(2005/C 271/02)

(Language of the case: German)

In Case C-37/03 P: appeal under Article 56 of the Statute of
the Court of Justice lodged at the Court on 3 February 2003 by
BioID AG, established in Berlin (Germany), in judicial liquida-
tion,
(Rechtsanwalt: A. Nordemann), the other party to the
proceedings being the Office for Harmonisation in the Internal
(Agents: A. von
Market (Trade Marks and Designs)

(OHIM)

C 271/2

EN

Official Journal of the European Union

29.10.2005

Mühlendahl and G. Schneider,) — the Court (Third Chamber),
composed of A. Rosas, President of the Chamber, J. P. Puisso-
chet, S. von Bahr,
J. Malenovský and A. Ó Caoimh
(Rapporteur), Judges; P. Léger, Advocate General; M. Ferreira,
Principal Administrator, for the Registrar, gave a judgment on
15 September 2005, in which it:

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 5 December 2002 in Case T-91/01 BioID
v OHIM (BioID) [2002] ECR II-5159;

1. Declares that, by failing to carry out, prior to the construction of
the pig farms in the Baix Ter area or their alteration, an impact
assessment, contrary to the requirements of Articles 2 and 4(2) of
Council Directive 85/337/EEC of 27 June 1985 on the assess-
ment of the effects of certain public and private projects on the
environment, and by exceeding, in various public water distribu-
tion networks in the Baix Ter area, the maximum admissible
concentration for the nitrates parameter laid down in point 20 of
Annex IC to Council Directive 80/778/EEC of 15 July 1980
relating to the quality of water intended for human consumption,
contrary to Article 7(6) of that directive, the Kingdom of Spain
has failed to fulfil its obligations under those directives;

2. Dismisses the action against the decision of the Second Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 20 February 2001;

2. Dismisses the remainder of the action;

3. Orders the appellant to pay the costs of the proceedings at first

instance and on appeal.

3. Orders the Kingdom of Spain to pay two thirds of all the costs
and the Commission of the European Communities to bear the
other third.

(1) OJ 70, 22.03.2003.

(1) OJ C 135 of 07.06.2003.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 8 September 2005

(Second Chamber)

of 26 May 2005

in Case C-121/03: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directives
75/442/EEC and 91/156/EEC — Meaning of ‘waste’ —
Directives 85/337/EEC and 97/11/EC — Assessment of the
effects of certain public and private projects on the environ-
ment — Directive 80/68/EEC — Protection of groundwater
against pollution caused by certain dangerous substances —
Directive 80/778/EEC — Quality of water intended for
human consumption)

(2005/C 271/03)

(Language of the case: Spanish)

In Case C-121/03: Action under Article 226 EC for failure to
fulfil obligations, brought on 19 March 2003, by Commission
of the European Communities (Agent: G. Valero Jordana) v
Kingdom of Spain (Agent: N. Díaz Abad) — the Court (Third
Chamber), composed of A. Rosas, President of the Chamber,
J.P. Puissochet (Rapporteur), S. von Bahr, U. Lõhmus and A. Ó
Caoimh, Judges; C. Stix-Hackl, Advocate General; M. Ferreira,
Principal Administrator, gave a judgment on 8 September
2005, in which it:

in Case C-132/03 Reference for a preliminary ruling from
the Consiglio di Stato in Ministero della Salute v Coordi-
namento delle associazioni per la difesa dell'ambiente e
(Codacons),
dei diritti degli utenti e dei consumatori

Federconsumatori (1)

(Regulation (EC) No 1139/98 — Article 2(2)(b) — Addi-
tional
labelling requirement for foodstuffs — Compulsory
particulars concerning the presence of material derived from
genetically modified organisms (GMOs) — Genetically modi-
fied soya beans and maize — Exemption from the require-
ment in the case of adventitious presence not exceeding a par-
ticular level — Foodstuffs intended for particular nutritional
use — Infants and young children — Whether derogation
applies — Precautionary principle)

(2005/C 271/04)

(Language of the case: Italian)

In Case C-132/03: reference for a preliminary ruling under
Article 234 EC from the Consiglio di Stato (Italy), made by
decision of 25 March 2003, received at
the Court on 28
January 2003 in the proceedings between Ministero della