Case C-62/08: Reference for a preliminary ruling from the Hof van Cassatie van België lodged on 18 February 2008 — UDV North America Inc v Brandtraders NV
Date: 2008-02-18
Institutions: Court of Justice
Subjects: EU trade mark, interpretation of the law, sale, trade intermediary, trade-mark law

C 107/18

EN

Official Journal of the European Union

26.4.2008

Reference for a preliminary ruling from the Hof van
Cassatie van België lodged on 18 February 2008 — UDV
North America Inc v Brandtraders NV

Defendant: Hauptzollamt Krefeld

(Case C-62/08)

(2008/C 107/26)

Language of the case: Dutch

Question referred

Is additional note 5(b) to Chapter 20 of the Combined Nomen-
clature in the version of Regulations (EC) Nos 2388/2000 (1)
and 2031/2001 (2) valid?

Referring court

Hof van Cassatie van België

Parties to the main proceedings

Appellant: UDV North America Inc

Respondent: Brandtraders NV

Questions referred

(1) For there to be use of the sign within the meaning of
Article 9(1)(a) and (2)(d) of Council Regulation 40/94 (1) of
20 December 1993 on the Community trade mark,
is it
necessary that a third party, within the meaning of
Article 9(1)(a) of the Regulation:

(a) uses the sign on his own behalf?

(b) uses the sign as an interested party in relation to trade
in goods in which he is himself a contractual party?

(2) Can a trade intermediary who acts in his own name,
but not on his own behalf, be regarded as a third
party who uses the sign within the meaning of Article 9(1)
(a) and (2)(d)?

(1) OJ 1994 L 11, p. 1.

Reference for a preliminary ruling from the Finanzgericht
lodged on 18 February 2008 —
Düsseldorf (Germany)

Europol Frost-Food GmbH v Hauptzollamt Krefeld

(Case C-65/08)

(2008/C 107/27)

Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings

(1) Commission Regulation (EC) No 2388/2000 of 13 October 2000
amending Annex I to Council Regulation (EEC) No 2658/87 on the
tariff and statistical nomenclature and on the Common Customs
Tariff (OJ 2000 L 264, p. 1, and OJ 2000 L 276, p. 92).

(2) Commission Regulation (EC) No 2031/2001 of 6 August 2001
amending Annex I to Council Regulation (EEC) No 2658/87 on the
tariff and statistical nomenclature and on the Common Customs
Tariff (OJ 2001 L 279, p. 1).

Reference for a preliminary ruling from the Oberlandesger-
icht Stuttgart (Germany) lodged on 18 February 2008 —
Extradition proceedings against Szymon Kozlowski

(Case C-66/08)

(2008/C 107/28)

Language of the case: German

Referring court

Oberlandesgericht Stuttgart

Party to the main proceedings

Szymon Kozlowski

Questions referred

1. Do the following facts preclude the assumption that a person
is a ‘resident’ of or is ‘staying’ in a Member State in the sense
of Article
Framework Decision
Council
2002/584/JHA of 13 June 2002 on the European arrest
warrant and the surrender procedures between Member
States (1):

4(6)

of

(a) his stay in the Member State concerned has not been

uninterrupted;

(b) his stay there does not comply with the law on resi-

dence;

(c) he commits crimes there systematically for financial gain;

and/or

Applicant: Europol Frost-Food GmbH

(d) he is in custody serving a criminal sentence there?