CELEX: C1998/007/02
Language: en
Date: 1998-01-10 00:00:00
Title: JUDGMENT OF THE COURT of 23 October 1997 in Case C-189/95 (reference for a preliminary ruling from the Landskrona tingsrätt): criminal proceedings against Harry Franzén (Articles 30 and 37 of the EC Treaty - Monopoly on the retail of alcoholic beverages)

10. 1. 98             EN                 Official Journal of the European Communities                                         C 7/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                 1. dismisses the application;
                     of 23 October 1997
                                                                     2. orders the Commission of the European Communities
in Case C-160/94: Commission of the European                              to pay the costs;
Communities, supported by United Kingdom of Great
Britain and Northern Ireland v. Kingdom of Spain,
        supported by French Republic and Ireland (1)                 3. orders the United Kingdom of Great Britain and
                                                                          Northern Ireland, the French Republic and Ireland, as
(Failure of a Member State to fulfil its obligations Ð                    interveners, to bear their own costs.
      Exclusive rights to import and export electricity)
                                                                     (1) OJ C 202, 23. 7. 1994.
                         (98/C 7/01)
               (Language of the case: Spanish)
 (Provisional translation; the definitive translation will be                       JUDGMENT OF THE COURT
          published in the European Court Reports)                                         of 23 October 1997
                                                                     in Case C-189/95 (reference for a preliminary ruling from
In Case C-160/94: Commission of the European                         the Landskrona tingsrätt): criminal proceedings against
Communities (Agents: Richard B. Wainwright and Blanca                                        Harry FranzeÂn (1)
Rodríguez Galindo), supported by United Kingdom of
Great Britain and Northern Ireland (Agent: Lindsey                   (Articles 30 and 37 of the EC Treaty Ð Monopoly on the
Nicoll, assisted by David Anderson) v. Kingdom of Spain                               retail of alcoholic beverages)
(Agents: Alberto JoseÂ Navarro GonzaÂlez and Gloria Calvo                                       (98/C 7/02)
Díaz), supported by French Republic (Agents: Catherine
de Salins and Jean-Marc Belorgey), Ireland (Agent:                                  (Language of the case: Swedish)
Michael A. Buckley, assisted by John D. Cooke and
Jennifer Payne) Ð application for a declaration that, by
reserving to itself exclusive import and export rights for             (Provisional translation; the definitive translation will be
electricity, the Kingdom of Spain has failed to fulfil its                     published in the European Court Reports)
obligations under Articles 30, 34 and 37 of the EC Treaty
and Article 48 of the Act concerning the conditions of               In Case C-189/95: reference to the Court under Article 177
accession of the Kingdom of Spain and the Portuguese                 of the EC Treaty from the Landskrona tingsrätt for a
Republic and the adjustments to the Treaties (OJ L 302,              preliminary ruling in the criminal proceedings pending
15. 11. 1985, p. 23) Ð the Court, composed of: G. C.                 before that court against Harry FranzeÂn Ð on the
Rodríguez Iglesias, President, C. Gulmann, H. Ragnemalm              interpretation of Articles 30 and 37 of the EC Treaty Ð
and M. Wathelet (Presidents of Chambers), G. F. Mancini,             the Court, composed of: G. C. Rodríguez Iglesias,
J. C. Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,           President, C. Gulmann, H. Ragnemalm, M. Wathelet
D. A. O. Edward (Rapporteur), J.-P. Puissochet, G.                   (Presidents of Chambers), G. F. Mancini, J. C. Moitinho
Hirsch, P. Jann and L. Sevón, Judges; G. Cosmas,                     de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
Advocate-General; H. von Holstein, Deputy Registrar, D.              Edward, J.-P. Puissochet (Rapporteur), G. Hirsch, P. Jann
Louterman-Hubeau, Principal Administrator, for the                   and L. Sevón, Judges, M. B. Elmer, Advocate-General; H.
Registrar, has given a judgment on 23 October 1997 in                von Holstein, Administrator, for the Registrar, has given a
which it:                                                            judgment on 23 October 1997, in which it has ruled:
 ---pagebreak--- C 7/2                  EN                 Official Journal of the European Communities                                     10. 1. 98
1. Article 37 of the EC Treaty does not preclude                     classified under heading 30 04 of the combined
     domestic provisions relating to the existence and               nomenclature, as established in the annex to Council
     operation of a national monopoly on the retail of               Regulation (EEC) No 2658/87 of 23 July 1987 on the
     alcoholic beverages such as those mentioned in the              tariff and statistical nomenclature and on the Common
     order for reference.                                            Customs Tariff, and consequently do not come within the
                                                                     scope of Council Regulation (EEC) No 1010/86 of
2. Articles 30 and 36 of the EC Treaty preclude domestic             25 March 1986 laying down general rules for the
     provisions allowing only traders holding a production           production refund on certain sugar products used in the
     licence or a wholesale licence to import alcoholic              chemical industry.
     beverages on conditions such as those laid down by
     Swedish legislation.                                            (1) OJ C 233, 10. 8. 1996.
(1) OJ C 208, 12. 8. 1995.
                                                                                    JUDGMENT OF THE COURT
                                                                                         of 11 November 1997
               JUDGMENT OF THE COURT
                                                                     in Case C-251/95 (reference for a preliminary ruling from
                       (Fourth Chamber)                              the Bundesgerichtshof): Sabel BV v. Puma AG, Rudolf
                     of 6 November 1997                                                     Dassler Sport (1)
in Case C-201/96 (reference for a preliminary ruling from            (Directive 89/104/EEC Ð Approximation of laws relating
the Tribunal Administratif de Paris): Laboratoires de                to the trade marks Ð Likelihood of confusion which
TheÂrapeutique Moderne (LTM) v. Fonds d'Intervention et                          includes the likelihood of association')
       de ReÂgularisation du MarcheÂ du Sucre (FIRS) (1)                                       (98/C 7/04)
(Refund for use of sugar in the manufacture of certain
chemical products Ð Multivitamin products and products                              (Language of the case: German)
        containing amino acids Ð Tariff classification)
                          (98/C 7/03)                                  (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                (Language of the case: French)
                                                                     In Case C-251/95: reference to the Court under Article 177
  (Provisional translation; the definitive translation will be       of the EC Treaty from the Bundesgerichtshof for a
          published in the European Court Reports)                   preliminary ruling in the proceedings pending before that
                                                                     court between Sabel BV and Puma AG, Rudolf Dassler
In Case C-201/96: reference to the Court under Article 177           Sport on the interpretation of Article 4 (1) (b) of first
of the EC Treaty from the Tribunal Administratif de Paris            Council Directive 89/104/EEC of 21 December 1988 to
(Administrative Court, Paris), for a preliminary ruling in           approximate the laws of the Member States relating to
the proceedings pending before that court between                    trade marks (OJ L 40, 11. 2. 1989, p. 1) Ð the Court,
Laboratoires de TheÂrapeutique Moderne (LTM) and Fonds               composed of: G. C. Rodríguez Iglesias, President, C.
d'Intervention et de ReÂgularisation du MarcheÂ du Sucre             Gulmann (Rapporteur), H. Ragnemalm and M. Wathelet,
(FIRS) Ð on the interpretation of Council Regulation                 Presidents of Chambers, G. F. Mancini, J. C. Moitinho de
(EEC) No 1010/86 of 25 March 1986 laying down                        Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward,
general rules for the production refund on certain sugar             J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón, Judges;
products used in the chemical industry (OJ L 94, 9. 4.               F. G. Jacobs, Advocate-General; H. A. Rühl, Principal
1986, p. 9), as amended by Article 9 of Commission                   Administrator, for the Registrar Ð has given a judgment
Regulation (EEC) No 1714/88 of 13 June 1988 (OJ L 152,               on 11 November 1997, in which it has ruled:
18. 6. 1988, p. 23), and of Chapters 21 and 30 of the
combined nomenclature, as established by Council                     The criterion of likelihood of confusion which includes
Regulation (EEC) No 2658/87 of 23 July 1987 on the                   the likelihood of association with the earlier mark'
tariff and statistical nomenclature and on the Common                contained in Article 4 (1) (b) of First Council Directive
Customs Tariff (OJ L 256, 7. 9. 1987, p. 1) Ð the Court              89/104/EEC of 21 December 1988 to approximate the
(Fourth Chamber), composed of: H. Ragnemalm,                         laws of the Member States relating to trade marks is to be
President of the Chamber, P. J. G. Kapteyn and J. L.                 interpreted as meaning that the mere association which
Murray (Rapporteur), Judges: M. B. Elmer, Advocate-                  the public might make between two trade marks as a
General; H. A. Rühl, Principal Administrator, for the                result of their analogous semantic content is not in itself a
Registrar, has given a judgment on 6 November 1997, in               sufficient ground for concluding that there is a likelihood
which it has ruled:                                                  of confusion within the meaning of that provision.
Products consisting of ingredients identical to those                (1) OJ C 248, 23. 9. 1995.
contained in Alvityl 50 DrageÂes' and Strongenol 20
Ampoules' and in the same proportions cannot be