CELEX: C2002/219/12
Language: en
Date: 2002-09-14 00:00:00
Title: Case C-268/02: Action brought on 23 July 2002 by the Commission of the European Communities against the Grand Duchy of Luxembourg

14.9.2002               EN                   Official Journal of the European Communities                                       C 219/7
6.     What types of use can be considered, and in particular is        Pleas in law and main arguments
       it necessary to show that the mark has been used in the
       course of trade in the Member State concerned and in
       further particular would importation by a single customer        Article 249 EC, which provides that a directive is to be binding
       into that Member State be sufficient?                            as to the result to be achieved upon each Member State,
                                                                        implies the obligation upon each Member State to observe the
                                                                        time-limits for implementation laid down in directives. That
7.     Is it necessary to disregard use occurring after the filing      time-limit expired on 24 October 1998 without the Italian
       of the application for revocation even for the purpose of        Republic having issued the provisions necessary to comply
       testing whether use during the relevant period was               with Article 5 of the directive referred to in the Commission’s
       genuine?                                                         claims.
                                                                        (1 ) OJ 1998 L 24, p. 1.
( 1) To approximate the laws of the Member States relating to trade
     marks (OJ L 40, 11.2.1989, p. 1).
                                                                        Action brought on 23 July 2002 by the Commission of
                                                                        the European Communities against the Grand Duchy of
                                                                                                   Luxembourg
                                                                                                 (Case C-268/02)
Action brought on 19 July 2002 by the Commission of                                              (2002/C 219/12)
   the European Communities against the Italian Republic
                                                                        An action against the Grand Duchy of Luxembourg was
                          (Case C-267/02)                               brought before the Court of Justice of the European Communi-
                                                                        ties on 23 July 2002 by the Commission of the European
                                                                        Communities, represented by D. Martin, acting as Agent.
                          (2002/C 219/11)
                                                                        The applicant claims that the Court should:
                                                                        —     Declare that, by failing to adopt and bring into force
                                                                              within the prescribed period the laws, regulations and
                                                                              administrative provisions necessary to comply with
An action against the Italian Republic was brought before the                 Council Directive 98/24/EC of 7 April 1998 on the
Court of Justice of the European Communities on 19 July                       protection of the health and safety of workers from the
2002 by the Commission of the European Communities,                           risks related to chemical agents at work (fourteenth
represented by M. Shotter and C. Loggi, acting as Agents.                     individual Directive within the meaning of Article 16(1)
                                                                              of Directive 89/391/EEC) ( 1), the Grand Duchy of Luxem-
                                                                              bourg has failed to fulfil its obligations under that
                                                                              directive; and
The applicant claims that the Court should:
                                                                        —     Order the Grand Duchy of Luxembourg to pay the costs.
1.     Declare that, by not adopting within the prescribed time-
       limit, or in any event not notifying the laws, regulations
       and administrative provisions necessary to comply with           Pleas in law and main arguments
       Article 5 of Directive 97/66/EC ( 1) of the European
       Parliament and of the Council of 15 December 1997
       concerning the processing of personal data and the               The period prescribed for transposition expired on 5 May
       protection of privacy in the telecommunications sector,          2001.
       the Italian Republic has failed to fulfil its obligations
       under Articles 5 and 15 of that directive;
                                                                        (1 ) OJ 1998 L 131, p. 11.
2.     Order the Italian Republic to pay the costs.