Case C-48/05: 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 (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)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: interpretation of the law, motor vehicle industry, toy industry, trade-mark law

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