Case C-124/05: Judgment of the Court (First Chamber) of  6 April 2006  (reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage) — Federatie Nederlandse Vakbeweging v Staat der Nederlanden (Social policy — Protection of the safety and health of workers — Directive 93/104/EC — Right to paid annual leave — Financial compensation for not taking the minimum period of paid annual leave)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: EU law - national law, fringe benefit, interpretation of the law, labour law, organisation of work, parental leave

17.6.2006

EN

Official Journal of the European Union

C 143/19

Judgment of the Court (First Chamber) of 6 April 2006
(reference for a preliminary ruling from the Gerechtshof
te 's-Gravenhage) — Federatie Nederlandse Vakbeweging v
Staat der Nederlanden

tive, which are not taken in the course of a given year, to be replaced
by an allowance in lieu in the course of a subsequent year.

(Case C-124/05) (1)

(1) OJ C 155, 25.6.2005.

(Social policy — Protection of the safety and health of
workers — Directive 93/104/EC — Right to paid annual
leave — Financial compensation for not taking the minimum
period of paid annual leave)

(2006/C 143/33)

Judgment of the Court (Third Chamber) of 27 April 2006
(reference for a preliminary ruling from the Cour de cassa-
tion (Belgium)) — Levi Strauss & Co. v Casucci SpA

Language of the case: Dutch

(Case C-145/05) (1)

Referring court

Gerechtshof te 's-Gravenhage

Parties to the main proceedings

Applicant: Federatie Nederlandse Vakbeweging (FNV)

Defendant: Staat der Nederlanden

Re:

Preliminary ruling — Gerechtshof te 's-Gravenhage — Interpre-
tation of Article 7(2) of Council Directive 93/104/EC of 23
November 1993 concerning certain aspects of the organisation
of working time (OJ 1993 L 307, p. 18) — Compatibility with
a national provision under which it is possible to agree in
writing, over the duration of a contract of employment, to
grant financial compensation in the following year in respect of
minimum annual leave which has not been used up

(Trade marks — Directive 89/104/EEC — Article 5(1)(b) —
Relevant time for assessing likelihood of confusion between a
trade mark and a similar sign — Loss of distinctive character
owing to conduct of the proprietor of the trade mark after
use of the sign has commenced)

(2006/C 143/34)

Language of the case: French

Referring court

Cour de cassation (Belgium)

Parties to the main proceedings

Applicant: Levi Strauss & Co.

Defendant: Casucci SpA

Re:

Operative part of the judgment

Article 7 of Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organisation of working time, as
amended by Directive 2000/34/EC of the European Parliament and
of the Council of 22 June 2000, must be interpreted as precluding a
national provision which, during a contract of employment, permits
days of annual leave, within the meaning of Article 7(1) of the direc-

Reference for a preliminary ruling — Cour de cassation
(Belgium) — Interpretation of Article 5(1) of Directive
89/104/EEC: First Council Directive of 21 December 1988 to
approximate the laws of the Member States relating to trade
marks (OJ 1989 L 40, p. 1) — Relevant time for appreciation
of the likelihood of confusion between a trade mark and a
similar sign — Loss of distinctiveness as a result of the trade
mark owner's conduct after use of the sign began