Judgment of the Court (First Chamber) of  12 January 2006  in Case C-173/04 P: Deutsche SiSi-Werke GmbH & Co. Betriebs KG 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 — Three-dimensional shapes of stand-up pouches for fruit drinks and fruit juices — Absolute ground for refusal — Distinctive character)
Date: 2006-03-11
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, beverage, fruit juice, fruit product, packaging, trade-mark law

11.3.2006

EN

Official Journal of the European Union

C 60/5

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

(First Chamber)

of 12 January 2006

of 19 January 2006

in Case C-173/04 P: Deutsche SiSi-Werke GmbH & Co.
Betriebs KG v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (1)

in Case C-244/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Appeal — Community trade mark — Article 7(1)(b) of
Regulation (EC) No 40/94 — Three-dimensional shapes of
stand-up pouches for fruit drinks and fruit juices — Absolute
ground for refusal — Distinctive character)

(Failure of a Member State to fulfil obligations — Article 49
EC — Freedom to provide services — Undertaking employing
workers who are nationals of non-member States — Under-
taking providing services in another Member State — Work
visa regime)

(2006/C 60/09)

(2006/C 60/10)

(Language of the case: German)

(Language of the case: German)

In Case C-173/04 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 6 April 2004 by Deutsche SiSi-
Werke GmbH & Co. Betriebs KG, established in Eppelheim
(Germany) (Lawyers: H. Eichmann, G. Barth, U. Blumenröder,
C. Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke, U.
Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
Rechtsanwälte),
the other party to the proceedings being:
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agent: G. Schneider) — the
Court (First Chamber), composed of P. Jann, President of the
Chamber, K. Schiemann, K. Lenaerts, E. Juhász and M. Ilešič
(Rapporteur),
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; K.H. Sztranc, Administrator, for the Registrar, gave a
judgment on 12 January 2006, in which it:

1. Dismisses the appeal;

In Case C-244/04, Action for failure to fulfil obligations under
Article 226 EC, brought on 8 June 2004, Commission of the
European Communities (Agents: G. Braun and E. Traversa) v
Federal Republic of Germany (Agents: C.-D. Quassowski and
A. Tiemann), the Court (First Chamber), composed of P. Jann,
President of the Chamber, N. Colneric, J.N. Cunha Rodrigues,
M.
Judges; L.A. Geelhoed,
Advocate General; R. Grass, Registrar, gave a judgment on 19
January 2006, in which it:

Ilešič and E. Levits (Rapporteur),

1. Declares that, by not confining itself to making the posting of
workers who are nationals of non-member States for the purpose
of the provision of services in Germany subject to a simple prior
declaration by the undertaking established in another Member
State which intends to post such workers, and by requiring that
they have been employed for at least a year by that undertaking,
the Federal Republic of Germany has failed to fulfil its obligations
under Article 49 EC;

2. Orders Deutsche SiSi-Werke GmbH & Co. Betriebs KG to pay the

costs.

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 156, 12.6.2004.

(1) OJ C 228 of 11.9.2004.