Case C-207/08: Reference for a preliminary ruling from the Panevėžio apygardos teismas lodged on 20 May 2008 — Criminal proceedings against Edgar Babanov
Date: 2008-05-20
Institutions: Court of Justice
Subjects: Lithuania, criminal court, crop production, hemp, interpretation of the law, penal code, penalty

C 209/22

EN

Official Journal of the European Union

15.8.2008

Question referred

Questions referred

Is Council Directive 85/337/EEC of 27 June 1985 on the assess-
ment of the effects of certain public and private projects on the
environment (1), as amended by the Amending Directive,
Council Directive 97/11/EC of 3 March 1997 amending Direc-
tive 85/337/EEC on the assessment of the effects of certain
public and private projects on the environment (2) and the
Public Participation Directive, Directive 2003/35/EC of
the
European Parliament and of
the Council of 26 May 2003
providing for public participation in respect of the drawing up
of certain plans and programmes relating to the environment
and amending with regard to public participation and access to
justice Council Directives 85/337/EEC and 96/61/EC (3), to be
interpreted as meaning that a Member State must provide for an
obligation to carry out an assessment in the case of types of
in particular in
projects listed in Annex I
point 20 (construction of overhead electrical power lines with a
voltage of 220 kV or more and a length of more than 15 km),
where the proposed scheme is to extend over the territory of
two or more Member States, even if the threshold giving rise to
the obligation to carry out an assessment (here, a length of
15 kilometres) is not reached or exceeded by the part of the
scheme situated on its national
is reached or
exceeded by adding the parts of the scheme proposed to be situ-
ated in a neighbouring State or States?

to the directive,

territory but

(1) OJ 1985 L 175, p. 40.
(2) OJ 1997 L 73, p. 5.
(3) OJ 2003 L 156, p. 17.

Reference for a preliminary ruling from the Panevėžio
apygardos teismas lodged on 20 May 2008 — Criminal
proceedings against Edgar Babanov

(Case C-207/08)

(2008/C 209/31)

Language of the case: Lithuanian

Referring court

Panevėžio apygardos teismas

Party to the main proceedings

Edgar Babanov

1. Is Article 265 of

the Republic of
the Criminal Code of
Lithuania, in so far as it imposes criminal liability uncondi-
tionally for the cultivation of any type of hemp without
exception, irrespective of the amount of active substance in
it, contrary to provisions of the European Union and, specifi-
cally, which ones?

2. If it is contrary to those provisions, may a court of the
Republic of Lithuania adopt a decision applying national law
(Article 265 of the Criminal Code), if the active substance in
the hemp cultivated does not exceed 0,2 %?

Appeal brought on 20 May 2008 by the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) against the judgment delivered on 28 February
2008 by the Court of First Instance (Fifth Chamber) in
Case T-215/06, American Clothing Associates v OHIM

(Case C-208/08 P)

(2008/C 209/32)

Language of the case: French

Parties

Appellant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings: American Clothing Associates SA

Form of order sought

— set aside the judgment of the Court of First Instance of
28 February 2008 in Case T-215/06 in so far as it held that
Article 7(1)(h) of the Community Trade Mark Regulation (1)
does not apply to marks designating services;

— order American Clothing Associates SA to pay the costs.

Pleas in law and main arguments

The appellant raises a single plea in support of its appeal, alle-
ging infringement of Article 7(1)(h) of the Community Trade
Mark Regulation, read in conjunction with Article 6 ter of the
Paris Convention for the Protection of Industrial Property of
20 March 1883, as revised and amended (2). Contrary to what
the Court of First Instance held, that Article 6 ter, to which
Article 7(1)(h) of the Community Trade Mark Regulation refers,
applies without distinction to marks designating goods and
marks designating services.