CELEX: C1999/121/04
Language: en
Date: 1999-05-01 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 25 February 1999 in Case C-320/95: (reference for a preliminary ruling from the Juzgado de lo Social No 1, Santiago de Compostela) José Ferreiro Alvite v. Instituto Nacional de Empleo (INEM) and Instituto Nacional de la Seguridad Social (INSS) (Article 51 of the EC Treaty - Article 67 of Regulation (EEC) No 1408/71 - Unemployment benefit for persons over 25 years of age)

C 121/2                 EN                      Official Journal of the European Communities                                            1.5.1999
preliminary ruling in the administrative proceedings brought               1. Subject to the duty of the national court to interpret national law
before that court by AFS Intercultural Programs Finland ry                     as far as possible in conformity with Community law, it is not
on the interpreation of Council Directive 90/314/EEC of                        contrary to the latter for a transitional rule of national law to
13 June 1990 on package travel, package holidays and package                   provide that an appeal against a decision given before the
tours (OJ L 158, 23.6.1990, p. 59) — the Court (Fifth                          date on which the rules transposing First Council Directive
Chamber), composed of J.-P. Puissochet, President of the                       89/104/EEC of 21 December 1988 to approximate the laws of
Chamber, P. Jann, C. Gulmann (Rapporteur), D. A. O. Edward                     the Member States relating to trade marks into national law
and L. Sevón, Judges, A. Saggio, Advocate-General; H.A. Rühl,                 were belatedly brought into force is to be decided in accordance
Principal Administrator, for the Registrar, has given a judgment               with the rules applicable before that date, even where judgment
on 11 February 1999 in which it has ruled:                                     is given after that date.
Council Directive 90/314/EEC of 13 June 1990 on package travel,            2. The use of a trade mark, without the proprietor’s authorisation,
package holidays and package tours does not apply to travel:                   for the purpose of informing the public that another undertaking
                                                                               carries out the repair and maintenance of goods covered by that
— Comprising student exchanges of about six months’ or a year’s                mark or that it has specialised or is a specialist in such goods
    duration;                                                                  constitutes, in circumstances such as those described in the
                                                                               judgment making the reference, use of the mark within the
— The purpose of which is attendance by the student at an                      meaning of Article 5(1) (a) of First Directive 89/104/EEC.
    educational establishment in the host country in order to
    familiarise himself with its people and culture; and                   3. Articles 5 to 7 of First Directive 89/104/EEC do not entitle the
                                                                               proprietor of a trade mark to prohibit a third party from using
— During which the student stays with a host family as if he were              the mark for the purpose of informing the public that he carries
    a member thereof free of charge.                                           out the repair and maintenance of goods covered by that trade
                                                                               mark and put on the market under that mark by the proprietor
                                                                               or with his consent, or that he has specialised or is a specialist in
(1) OJ C 252, 16.8.1997.                                                       the sale or the repair and maintenance of such goods, unless the
                                                                               mark is used in a way that may create the impression that there
                                                                               is a commercial connection between the other undertaking and
                                                                               the trade mark proprietor, and in particular that the resseller’s
                                                                               business is affiliated to the trade mark proprietor’s distribution
                                                                               network or that there is a special relationship between the two
                                                                               undertakings.
                 JUDGMENT OF THE COURT
                                                                           (1) OJ C 108, 5.4.1997.
                       of 23 February 1999
in Case C-63/97 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Bayerische Moto-
renwerke AG (BMW) and BMW Nederland BV v. Ronald
                          Karel Deenik (1)
                                                                                             JUDGMENT OF THE COURT
(Trade-marks directive — Unauthorised use of the BMW
     trade mark in advertisements for a garage business)                                              (Fifth Chamber)
                          (1999/C 121/03)                                                          of 25 February 1999
                                                                           in Case C-320/95: (reference for a preliminary ruling from
                    (Language of the case: Dutch)                          the Juzgado de lo Social No 1, Santiago de Compostela)
                                                                           José Ferreiro Alvite v. Instituto Nacional de Empleo
                                                                           (INEM) and Instituto Nacional de la Seguridad Social
(Provisional translation; the definitive translation will be published                                    (INSS) (1)
                   in the European Court Reports)
                                                                           (Article 51 of the EC Treaty — Article 67 of Regulation
In case C-63/97: reference to the Court under Article 177 of               (EEC) No 1408/71 — Unemployment benefit for persons
the EC Treaty from the Hoge Raad der Nederlanden (Nether-                                          over 52 years of age)
lands) for a preliminary ruling in the proceedings pending
before that court between Bayerische Motorenwerke AG                                                  (1999/C 121/04)
(BMW) and BMW Nederland BV and Ronald Karel Deenik —
on the interpretation of Articles 5 to 7 of First Council
Directive 89/104/EEC of 21 December 1988 to approximate                                        (Language of the case: Spanish)
the laws of the Member States relating to trade marks (OJ L40,
11.2.1989, p. 1) — the Court, composed of: G. C. Rodriguez
Iglesias, President, P. J. G. Kapteyn, J. L. Murray, D. A. O.              (Provisional translation; the definitive translation will be published
Edward, H. Ragnemalm, L. Sevón, M. Wathelet and R. Schint-                                    in the European Court Reports)
gen, Judges; F. G. Jacobs, Advocate-General; H. von Holstein,
Deputy Registrar, for the Registrar, has given a judgment on               In case C-320/95: reference to the Court under Article 177 of
23 February 1999, in which it has ruled:                                   the EC Treaty from the Juzgado de lo Social (Social Court),