Case C-220/05: Judgment of the Court (First Chamber) of 18 January 2007 (reference for a preliminary ruling from the Tribunal administratif de Lyon, France) — Jean Auroux, Marie-Hélène Riamon, Christian Avocat, Laure Deroche, Pascal Mirabel, Vladimir Serdeczny, Paul Perard, Dolorès Ponramon, Elisabeth Roche v Commune de Roanne (Public procurement — Directive 93/37/EEC — Award without call for tenders — Contract for the implementation of a development project concluded between two contracting authorities — Definition of public works contract and work — Method of calculation of the value of the contract)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: award of contract, interpretation of the law, public contract, works contract

C 56/4

EN

Official Journal of the European Union

10.3.2007

Judgment of the Court (First Chamber) of 25 January 2007
(reference for a preliminary ruling from the Landgericht
Nürnberg-Fürth) — Adam Opel AG v Autec AG

(Case C-48/05) (1)

(Reference for a preliminary ruling — Trade Marks — Article
5(1)(a) and (2), and Article 6(1)(b) of the First Directive
89/104/EEC — Right of a trade mark proprietor to prevent
use by a third party of a sign identical or similar to the trade
mark — Trade mark registered for motor vehicles and for toys
— Reproduction of the trade mark by a third party on scale
models of that make of vehicle)

(2007/C 56/06)

Language of the case: German

— constitute, within the meaning of Article 5(2) of that
directive, a use which the proprietor of the trade mark is
entitled to prevent — where the protection defined in
that provision has been introduced into national law —
if, without due cause, use of that sign takes unfair advan-
tage of, or is detrimental to, the distinctive character or
the repute of the trade mark as a trade mark registered
for motor vehicles.

2) Where a trade mark is registered, inter alia, in respect of motor
vehicles, the affixing by a third party, without the authorisation of
the proprietor of the trade mark, of a sign identical to that mark to
scale models of that make of vehicle, in order faithfully to reproduce
those vehicles, and the marketing of those scale models, do not
constitute use of an indication concerning a characteristic of those
scale models, within the meaning of Article 6(1)(b) of Directive
89/104.

(1) OJ C 82, 2.4.2005.

Referring court

Landgericht Nürnberg-Fürth, Germany

Parties to the main proceedings

Applicant: Adam Opel AG

Defendant: Autec AG

Judgment of the Court (First Chamber) of 18 January 2007
(reference for a preliminary ruling from the Tribunal
administratif de Lyon, France) — Jean Auroux, Marie-
Hélène Riamon, Christian Avocat, Laure Deroche, Pascal
Perard, Dolorès
Mirabel, Vladimir

Serdeczny,

Paul

Ponramon, Elisabeth Roche v Commune de Roanne

Re:

(Case C-220/05) (1)

Reference for a preliminary ruling — Landgericht Nürnberg-
Fürth (Germany) — Interpretation of Article 5(1)(a) and Article
6(1)(b) of Directive No 89/104/EEC: First Directive of
the
Council to approximate the laws of the Member States relating
to trade marks (OJ L 40, p. 1) — Right of the proprietor of a
trademark to oppose its use by a third person — Reproduction
of the logo of a motor vehicle manufacturer on toy cars

(Public procurement — Directive 93/37/EEC — Award
without call for tenders — Contract for the implementation of
a development project concluded between two contracting
authorities — Definition of ‘public works contract’ and ‘work’
— Method of calculation of the value of the contract)

Operative part of the judgment

1) Where a trade mark is registered both for motor vehicles — in
respect of which it is well known — and for toys, the affixing by a
third party, without authorisation from the trade mark proprietor,
of a sign identical to that trade mark on scale models of vehicles
bearing that trade mark, in order faithfully to reproduce those vehi-
cles, and the marketing of those scale models:

— constitute, for the purposes of Article 5(1)(a) of First Council
Directive 89/104/EEC of 21 December 1988 to approximate
the laws of the Member States relating to trade marks, a use
which the proprietor of the trade mark is entitled to prevent if
that use affects or is liable to affect the functions of the trade
mark as a trade mark registered for toys;

(2007/C 56/07)

Language of the case: French

Referring court

Tribunal administratif de Lyon, France

10.3.2007

EN

Official Journal of the European Union

C 56/5

Parties to the main proceedings

Applicants:
Jean Auroux, Marie-Hélène Riamon, Christian
Avocat, Laure Deroche, Pascal Mirabel, Vladimir Serdeczny, Paul
Perard, Dolorès Ponramon, Elisabeth Roche

Judgment of the Court (First Chamber) of 18 January 2007
— Osman Ocalan, on behalf of the Kurdistan Workers'
the Kurdistan
Party (PKK), Serif Vanly, on behalf of
National Congress (KNK) v Council of
the European
Union, United Kingdom of Great Britain and Northern
Ireland, Commission of the European Communities

Defendant: Commune de Roanne

(Case C-229/05 P) (1)

intervening party: Société d'équipement du département de la
Loire (SEDL)

(Appeal — Specific restrictive measures directed against
certain persons and entities with a view to combating
terrorism — Action for annulment — Admissibility)

Re:

Reference for a preliminary ruling — Tribunal Administratif de
Lyon — Interpretation of Articles 1 and 6 of Council Directive
93/37/EEC of 14 June 1993 concerning the coordination of
procedures for the award of public works contracts (OJ 1993 L
199, p. 54) — Public development agreement concluded in the
public interest between two contracting authorities for
the
realisation of a development procedure under which the latter
contracting authority carries out works designed to meet the
requirements of the former, with the former authority acquiring
ownership in all of the works that have not been assigned to
third parties on the expiry of the procedure — Methods for
assessing the value of the market in order to set a threshold for
the application of the award procedures — Construction of a
leisure complex and a car park

Operative part of the judgment

1) An agreement by which a first contracting authority entrusts a
second contracting authority with the execution of a work consti-
tutes a public works contract within the meaning of Article 1(a) of
Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works contracts,
as amended by European Parliament and Council Directive
97/52/EC of 13 October 1997, regardless of whether or not it is
anticipated that the first contracting authority is or will become the
owner of all or part of that work.

2) In order to determine the value of a contract for the purpose of
Article 6 of Directive 93/37, as amended by Directive 97/52,
account must be taken of the total value of the works contract from
the point of view of a potential tenderer, including not only the
total amounts to be paid by the contracting authority but also all
the revenue received from third parties.

3) A contracting authority is not exempt from using the procedures for
the award of public works contracts laid down in Directive 93/37,
as amended by Directive 97/52, on the ground that, in accordance
the agreement may be concluded only with
with national
certain legal persons, which themselves have
capacity of
contracting authority and which will be obliged, in turn, to apply
those procedures to the award of any subsequent contracts.

law,

the

(2007/C 56/08)

Language of the case: English

Parties

Appellants: Osman Ocalan, on behalf of the Kurdistan Workers'
Party (PKK), Serif Vanly, on behalf of the Kurdistan National
Congress (KNK) (represented by: M. Muller QC, E. Grieves and P.
Moser, Barristers, J.G. Peirce, Solicitor)

Other parties to the proceedings: Council of the European Union
(represented by: E. Finnegan and M. Bishop, acting as Agents),
United Kingdom of Great Britain and Northern Ireland (repre-
sented by: R. Caudwell, acting as Agent), Commission of the
European Communities

Re:

Appeal against the order of the Court of First Instance (Second
Chamber) of 15 February 2005 in Case T-229/02 PKK and KNK
v Council, by which the Court of First Instance dismissed as inad-
missible the action seeking annulment of Council Decision
2002/334/EC of 2 May 2002 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against certain persons and entities with a view to
combating terrorism (OJ 2002 L 116, p. 33) — Capacity and
standing to bring proceedings

Operative part of the judgment

The Court:

1. Sets aside the order of the Court of First Instance of the European
Communities of 15 February 2005 in Case T-229/02 PKK and
KNK v Council in so far as it dismisses the application of Osman
Ocalan on behalf of the Kurdistan Workers' Party (PKK);

(1) OJ C 193, 6.8.2005.

2. Dismisses the appeal as to the remainder;

3. Orders Serif Vanly on behalf of the Kurdistan National Congress

(KNK) to pay the costs of the appeal brought by him;