CELEX: C1999/020/35
Language: en
Date: 1999-01-23 00:00:00
Title: Reference for a preliminary ruling from the Hoge Raad der Nederlanden by judgment of that court of 6 November 1998 in the case of Marca Mode CV against 1. Adidas AG and 2. Adidas Benelux BV (Case C-425/98)

23.1.1999               EN                  Official Journal of the European Communities                                    C 20/21
additional training required in order to obtain the                    Reference for a preliminary ruling from the Hoge Raad
corresponding title in the host Member State, Article 16               der Nederlanden by judgment of that court of 6 November
provides that that State may require the migrant architect             1998 in the case of Marca Mode CV against 1. Adidas AG
to use the title employed in his Member State of origin or                               and 2. Adidas Benelux BV
the Member State from which he comes in a suitable
form' to be specified by the host Member State. The                                           (Case C-425/98)
Directive does not authorise the host Member State to                                          (1999/C 20/35)
adopt other measures, such as the imposition of an
obligation requiring the architect in question to work in
collaboration with a professional person who is qualified
in the host Member State to pursue to the activities for
                                                                       Reference has been made to the Court of Justice of the
which the migrant architect has not received the
                                                                       European Communities by judgment of the Hoge Raad
prescribed training. Such measures constitute a
                                                                       der Nederlanden (Supreme Court of the Netherlands) of
disproportionate restriction on the architect's freedom of
                                                                       6 November 1998, received at the Court Registry on
establishment and, a fortiori, on freedom to provide
                                                                       26 November 1998, for a preliminary ruling in the case of
services.
                                                                       Marca Mode CV against 1. Adidas AG and 2. Adidas
                                                                       Benelux BV on the following question:
(1) Boletin Oficial del Estado No 214 of 7 September 1989.
(2) OJ L 223, 21.8.1985, p. 15.
                                                                       Where:
                                                                       (a) a trade mark has a particularly distinctive character,
                                                                            either per se or because of the reputation it enjoys
                                                                            with the public; and
Reference for a preliminary ruling by the Tribunal de
PremieÁre Instance de Bruxelles (Sixth Chamber) by
judgment of that court of 10 November 1998 in the case
of Colonia Versicherung Aktiengesellschaft, Zweignieder-               (b) a third party, without the consent of the proprietor of
lassung München and 17 others against the Belgian State,                    the mark, uses, in the course of trade in goods or
  Minister of Finance, Customs and Excise Administration                    services which are identical with, or similar to, those
                                                                            for which the trade mark is registered, a sign which
                         (Case C-422/98)                                    so closely corresponds to the mark as to create a
                                                                            likelihood of its being associated with that mark,
                          (1999/C 20/34)
                                                                       must Article 5(1)(b) of Directive 89/104/EEC (1) be
Reference has been made to the Court of Justice of the                 interpreted as meaning that the exclusive right enjoyed by
European Communities by judgment of the Sixth                          the proprietor entitles him to prevent the use of the sign
Chamber of the Tribunal de PremieÁre Instance de                       by that third party if the distinctive character of the mark
Bruxelles (Court of First Instance, Brussels) of                       is such that the possibility of such association giving rise
10 November 1998, received at the Court Registry on                    to confusion cannot be ruled out?
26 November 1998, for a preliminary ruling in the case of
Colonia Versicherung Aktiengesellschaft, Zweigniederlas-
sung München and 17 others v. Belgian State, Minister of               (1) OJ L 40, 11.2.1989, p. 1.
Finance, Customs and Excise Administration on the
following question:
Does not Paragraph 210 of the Ministerial Decree of
22 January 1948, by requiring an importer into Belgium
of manufactured tobacco products to which tax bands are                Action brought on 26 November 1998 by the Commission
affixed, where those products are not fit for consumption,             of the European Communities against the Hellenic
to destroy them in Belgium under the supervision of the                                            Republic
Belgian customs authorities and by not according
probative value to documents drawn up by the customs                                          (Case C-426/98)
authorities of another Member State as proof of such
                                                                                               (1999/C 20/36)
destruction constitute a measure having effects equivalent
to a quantitative restriction?'
                                                                       An action against the Hellenic Republic was brought
                                                                       before the Court of Justice of the European Communities