CELEX: C2003/007/08
Language: en
Date: 2003-01-11 00:00:00
Title: Judgment of the Court of 26 November 2002 in Case C-100/01 (Reference for a preliminary ruling from the Conseil d'État): Ministre de l'Intérieur v Aitor Oteiza Olazabal (Freedom of movement for persons — Restrictions — Public policy (ordre public) — Police measures limiting the right of residence of a national of another Member State to part of the national territory)

11.1.2003                  EN                      Official Journal of the European Communities                                                  C 7/5
Robelco NV and Robeco Groep NV on the interpretation                          of public policy, public security or public health (OJ, English
of Article 5(5) of First Council Directive 89/104/EEC of                      Special Edition 1963-1964, p. 117), the Court, composed of:
21 December 1988 to approximate the laws of the Member                        G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet
States relating to trade marks (OJ 1989 L 40, p. 1), the Court                and R. Schintgen (Presidents of Chambers), C. Gulmann,
(Sixth Chamber), composed of: R. Schintgen, President of the                  D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur), V. Skouris,
Second Chamber, acting for the President of the Sixth Chamb-                  F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
er, V. Skouris, F. Macken (Rapporteur), N. Colneric and                       Judges; A. Tizzano, Advocate General; M.-F. Contet, Adminis-
J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advo-                   trator, for the Registrar, has given a judgment on 26 November
cate General; L. Hewlett, Principal Administrator, for the                    2002, in which it has ruled:
Registrar, has given a judgment on 21 November 2002, in
which it has ruled:                                                           Neither Article 48 of the EC Treaty (now, after amendment,
                                                                              Article 39 EC) nor the provisions of secondary legislation which
Article 5(5) of First Council Directive 89/104/EEC of 21 December             implement the freedom of movement for workers preclude a Member
1988 to approximate the laws of the Member States relating to                 State from imposing, in relation to a migrant worker who is a
trade marks must be interpreted as meaning that a Member State                national of another Member State, administrative police measures
may, if it sees fit, and subject to such conditions as it may determine,      limiting that worker’s right of residence to a part of the national
protect a trade mark against use of a sign other than for the purposes        territory, provided
of distinguishing goods or services, where use of that sign without
due cause takes unfair advantage of, or is detrimental to, the                —      that such action is justified by reasons of public order or public
distinctive character or the repute of the trade mark.                               security based on his individual conduct;
                                                                              —      that, by reason of their seriousness, those reasons could
( 1) OJ C 79 of 10.3.2001.                                                           otherwise give rise only to a measure prohibiting him from
                                                                                     residing in, or banishing him from, the whole of the national
                                                                                     territory; and
                                                                              —      that the conduct which the Member State concerned wishes to
                                                                                     prevent gives rise, in the case of its own nationals, to punitive
                                                                                     measures or other genuine and effective measures designed to
                                                                                     combat it.
                   JUDGMENT OF THE COURT
                                                                              (1 ) OJ C 108 of 7.4.2001.
                         of 26 November 2002
in Case C-100/01 (Reference for a preliminary ruling from
the Conseil d’État): Ministre de l’Intérieur v Aitor Oteiza
                               Olazabal ( 1)
                                                                                                 JUDGMENT OF THE COURT
(Freedom of movement for persons — Restrictions — Public
policy (ordre public) — Police measures limiting the right of                                              (Sixth Chamber)
residence of a national of another Member State to part of
                          the national territory)                                                       of 26 November 2002
                              (2003/C 7/08)                                   in Case C-202/01: Commission of the European Communi-
                                                                                                      ties v French Republic ( 1)
                       (Language of the case: French)                         (Failure by a Member State to fulfil its obligations —
                                                                              Directive 79/409/EEC — Conservation of wild birds —
(Provisional translation; the definitive translation will be published        Classification as special protection areas — Plaine des
                      in the European Court Reports)                                                            Maures)
                                                                                                             (2003/C 7/09)
In Case C-100/01: Reference to the Court under Article 234                                           (Language of the case: French)
EC by the Conseil d’État (France) for a preliminary ruling in
the proceedings pending before that court between Ministre
                                                                              (Provisional translation; the definitive translation will be published
de l’Intérieur and Aitor Oteiza Olazabal, on the interpretation
                                                                                                    in the European Court Reports)
of Articles 6, 8a and 48 of the EC Treaty (now, after
amendment, Articles 12 EC, 18 EC and 39 EC) and of Council
Directive 64/221/EEC of 25 February 1964 on the co-
ordination of special measures concerning the movement and                    In Case C-202/01, Commission of the European Communities
residence of foreign nationals which are justified on grounds                 (Agents: G. Valero Jordana and J. Adda) v French Republic