Case C-371/06: Judgment of the Court (Sixth Chamber) of 20 September 2007 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — The Netherlands) — Benetton Group SpA v G-Star International BV (Trade marks — Directive 89/104/EEC — Article 3(1)(e), third indent, and Article 3(3) — Sign — Shape which gives substantial value to goods — Use — Advertising campaigns — Attractiveness of a shape acquired prior to the date of application for registration on account of recognition of it as a distinctive sign)
Date: 2007-11-10
Institutions: Court of Justice
Subjects: approximation of laws, clothing, interpretation of the law, trade mark, trade-mark law

10.11.2007

EN

Official Journal of the European Union

C 269/15

Judgment of the Court (Sixth Chamber) of 20 September
2007 (reference for a preliminary ruling from the Hoge
Raad der Nederlanden — The Netherlands) — Benetton
Group SpA v G-Star International BV

(Case C-371/06) (1)

(Trade marks — Directive 89/104/EEC — Article 3(1)(e),
third indent, and Article 3(3) — Sign — Shape which gives
substantial value to goods — Use — Advertising campaigns
— Attractiveness of a shape acquired prior to the date of
application for registration on account of recognition of it as
a distinctive sign)

(2007/C 269/28)

Language of the case: Dutch

Judgment of the Court (Eighth Chamber) of 13 September
the European Communities v
2007 — Commission of

Hellenic Republic

(Case C-381/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/14/EC — Informing and consulting employees —
Failure to transpose within the period prescribed)

(2007/C 269/29)

Language of the case: Greek

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Benetton Group SpA

Defendant: G-Star International BV

Re:

for

Reference
a preliminary ruling — Hoge Raad der
Nederlanden — Interpretation of Article 3(1)(e), third indent, of
First Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to trade
marks (OJ 1989 L 40, p. 1) — Jeans whose distinctive sign is
the features of working or motorcycling clothes with knee pads
— Sign consisting of a shape which gives substantial value to
the goods

Operative part of the judgment

of

First

third

indent

3(1)(e)

of Article

The
Council
Directive 89/104/EEC of 21 December 1988 to approximate the
laws of the Member States relating to trade marks is to be interpreted
as meaning that the shape of a product which gives substantial value
to that product cannot constitute a trade mark under Article 3(3) of
that directive where, prior to the application for registration, it acquired
attractiveness as a result of
recognition as a distinctive sign
following advertising campaigns presenting the specific characteristics of
the product in question.

its

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and J. Enegren, acting as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the provisions necessary
to comply with Directive 2002/14/EC of
the European
Parliament and of the Council of 11 March 2002 establishing a
general framework for informing and consulting employees in
the European Community — Joint declaration of the European
the Council and the Commission on employee
Parliament,
representation (OJ 2002 L 80, p. 29)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2002/14/EC of the European Parliament
the Council of 11 March 2002 establishing a general
and of
framework for informing and consulting employees in the European
Community, the Hellenic Republic has failed to fulfil its obligations
under that directive;

2. orders the Hellenic Republic to pay the costs.

(1) OJ C 371, 2.12.2006.

(1) OJ C 261, 28.10.2006.