Case C-484/07: Reference for a preliminary ruling from the Rechtbank 's-Gravenhage, sitting at Roermond (Netherlands) lodged on 31 October 2007 — Fatma Pehlivan v Staatssecretaris van Justitie
Date: 2007-10-31
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), family law, interpretation of the law, migrant worker, residence permit

C 8/8

EN

Official Journal of the European Union

12.1.2008

Reference for a preliminary ruling from the Rechtbank
's-Gravenhage, sitting at Roermond (Netherlands) lodged
on 31 October 2007 — Fatma Pehlivan v Staatssecretaris
van Justitie

undertake (further) investigations before reaching their deci-
sion? If so, in what way?

(Case C-484/07)

(2008/C 8/14)

Language of the case: Dutch

Reference for a preliminary ruling from Court of Appeal
(Civil Division) (United Kingdom) made on 5 November
2007 — L'Oréal SA, Lancôme parfums et beauté & Cie
v Bellure NV,
SNC,
pot
‘Honey
as
Malaika

Laboratoire Garnier & Cie
(trading

Investments

Ltd,

Referring court

Rechtbank 's-Gravenhage, sitting at Roermond (Netherlands)

Parties to the main proceedings

Applicant: Fatma Pehlivan

cosmetic & Perfumery Sales’), Starion International Ltd

(Case C-487/07)

(2008/C 8/15)

Language of the case: English

Defendant: Staatssecretaris van Justitie

Referring court

Questions referred

1a. Must the first indent of the first paragraph of Article 7 of
Association Decision 1/80 be interpreted as meaning that
that article is applicable if a family member has actually
cohabited with a Turkish worker for three years without the
right of residence of that family member being challenged
by the competent national authorities during those three
years?

1b. Does the first indent of the first paragraph of Article 7 of
Association Decision 1/80 prevent a Member State from
stipulating during those three years that,
the family
member who has been admitted marries, no rights are
further acquired under that provision, even if the family
member continues to live with the Turkish worker?

if

2. Does the first indent of the first paragraph of Article 7 or
any other provision or principle of European law prevent
the competent national authorities from challenging the
right of residence of the foreign national concerned with
retroactive effect after that period of
three years under
national rules determining whether that person is a family
member and/or was legally resident during those three
years?

3a.

Is it of any relevance to the answers to the above questions
whether or not the foreign national intentionally withholds
information which is relevant
to his right of residence
under national legislation? If so, in what way?

3b. Does it make any difference in this context whether that
information becomes known in the aforementioned period
of three years or only after those three years have elapsed,
bearing in mind that, after that information has become
known, the competent national authorities possibly need to

Court of Appeal (Civil Division)

Parties to the main proceedings

Applicants: L'Oréal SA, Lancôme parfums et beauté & Cie SNC,
Laboratoire Garnier & Cie

trading as
Defendant: Bellure NV, Malaika Investments Ltd,
‘Honey pot cosmetic & Perfumery Sales’), Starion International
Ltd

Questions referred

1 Where a trader, in an advertisement for his own goods or
services uses a registered trade mark owned by a competitor
for the purpose of comparing the characteristics (and in par-
ticular the smell) of goods marketed by him with the charac-
teristics (and in particular the smell) of the goods marketed
by the competitor under that mark in such a way that it does
not cause confusion or otherwise jeopardise the essential
function of the trade mark as an indication of origin, does
his use fall within either (a) or (h) of Article 5(I) of Directive
89/104?

2 Where a trader in the course of trade uses (particularly in a
comparison list) a well known registered trade mark for the
purpose of indicating a characteristic of his own product
(particularly its smell) in such a way that:

a) it does not cause any likelihood of confusion of any sort;

and