CELEX: C2004/047/12
Language: en
Date: 2004-02-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-60/02 (Reference for a preliminary ruling from the Landesgericht Eisenstadt): X (Counterfeit and pirated goods — No criminal penalty for the transit of counterfeit goods — Compatibility with Regulation (EC) No 3295/94)

21.2.2004               EN                           Official Journal of the European Union                                                   C 47/7
Vaamonde): Application for a declaration that, by failing to                 by failing to adopt the laws, regulations and administrative
adopt the laws, regulations and administrative provisions                    provisions necessary to comply with Directive 98/84/EC of
necessary to comply with Article 4(c) of Commission Directive                the European Parliament and of the Council of 20 November
90/388/EEC of 28 June 1990 on competition in the markets                     1998 on the legal protection of services based on, or consisting
for telecommunications services (OJ 1990 L 192, p. 10) as                    of, conditional access (OJ 1998 L 320, p. 54), or, at the very
amended by Commission Directive 96/19/EC of 13 March                         least, by failing to notify the Commission of the adoption of
1996 (OJ 1996 L 74, p. 13), the Kingdom of Spain has failed                  those measures, the Kingdom of Spain has failed to fulfil its
to fulfil its obligations under those directives and the EC                  obligations under that directive, the Court (Fifth Chamber),
Treaty, the Court (Fifth Chamber), composed of: P. Jann, acting              composed of: P. Jann, acting for the President of the Fifth
for the President of the Fifth Chamber, D.A.O. Edward                        Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr,
(Rapporteur) and A. La Pergola, Judges; P. Léger, Advocate                   Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
General; R. Grass, Registrar, has given a judgment on 7 January              has given a judgment on 7 January 2004, in which it:
2004, in which it:
                                                                             1.    Declares that, by failing to adopt the laws, regulations and
1.    Declares that, by failing to adopt the laws, regulations and                 administrative provisions necessary to comply with Directive
      administrative provisions necessary to comply with Article 4(c)              98/84/EC of the European Parliament and of the Council of
      of Commission Directive 90/388/EEC of 28 June 1990 on                        20 November 1998 on the legal protection of services based
      competition in the markets for telecommunications services, as               on, or consisting of, conditional access, the Kingdom of Spain
      amended by Commission Directive 96/19/EC of 13 March                         has failed to fulfil its obligations under that Directive;
      1996, the Kingdom of Spain has failed to fulfil its obligations
      under that directive;                                                  2.    Orders the Kingdom of Spain to pay the costs.
2.    Orders the Kingdom of Spain to pay the costs.
                                                                             (1) OJ C 109 of 4.5.2002.
(1) OJ C 56 of 2.3.2002.
                                                                                               JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                                   (Fifth Chamber)
                          (Fifth Chamber)                                                               of 7 January 2004
                         of 7 January 2004                                   in Case C-60/02 (Reference for a preliminary ruling from
                                                                                            the Landesgericht Eisenstadt): X (1)
in Case C-58/02: Commission of the European Communi-
                   ties v Kingdom of Spain (1)                               (Counterfeit and pirated goods — No criminal penalty for
                                                                             the transit of counterfeit goods — Compatibility with
                                                                                                Regulation (EC) No 3295/94)
(Failure of a Member State to fulfil obligations — Directive
98/84/EC — Information society — Radio broadcasting —
Services based on conditional access — Services consisting                                                (2004/C 47/12)
of conditional access — Protected services — Legal protection
            — Devices giving unauthorised access)                                                (Language of the case: German)
                            (2004/C 47/11)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                   (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published       In Case C-60/02: Reference to the Court under Article 234 EC
                   in the European Court Reports)                            by the Landesgericht Eisenstadt (Austria) for a preliminary
                                                                             ruling in the criminal proceedings before that court against X,
                                                                             on the interpretation of Council Regulation (EC) No 3295/94
                                                                             of 22 December 1994 laying down measures concerning the
In Case C-58/02, Commission of the European Communities                      entry into the Community and the export and re-export
(Agents: G. Valero Jordana and M. Shotter v Kingdom of Spain                 from the Community of goods infringing certain intellectual
(Agent: S. Ortiz Vaamonde): Application for a declaration that,              property rights (OJ 1994 L 341, p. 8), as amended by Council
 ---pagebreak--- C 47/8                    EN                         Official Journal of the European Union                                             21.2.2004
Regulation (EC) No 241/1999 of 25 January 1999 (OJ                           interpretation of Article 6(1)(b) of First Council Directive 89/
1999 L 27, p. 1), the Court (Fifth Chamber), composed of:                    104/EEC of 21 December 1988 to approximate the laws of
D.A.O. Edward (Rapporteur), acting for the President of the                  the Member States relating to trade marks (OJ 1989 L 40,
Fifth Chamber, A. La Pergola and P. Jann, Judges; D. Ruiz-                   p. 1), the Court (Fifth Chamber), composed of: P. Jann, acting
Jarabo Colomer, Advocate General; R. Grass, Registrar, has                   for the President of the Fifth Chamber, C.W.A. Timmermans
given a judgment on 7 January 2004, in which it has ruled:                   and D.A.O. Edward (Rapporteur), Judges; C. Stix-Hackl, Advo-
                                                                             cate General; M.-F. Contet, Principal Administrator, for the
1.    Articles 2 and 11 of Council Regulation (EC) No 3295/94 of             Registrar, has given a judgment on 7 January 2004, in which
      22 December 1994 laying down measures concerning the entry             it has ruled:
      into the Community and the export and re-export from the
      Community of goods infringing certain intellectual property            Article 6(1)(b) of First Council Directive 89/104/EEC of 21 Decem-
      rights, as amended by Council Regulation (EC) No 241/1999              ber 1988 to approximate the laws of the Member States relating to
      of 25 January 1999, are applicable to situations in which              trade marks is to be interpreted as meaning that, where there exists a
      goods in transit between two countries not belonging to the            likelihood of aural confusion between a word mark registered in one
      European Community are temporarily detained in a Member                Member State and an indication, in the course of trade, of the
      State by the customs authorities of that State.                        geographical origin of a product originating in another Member
                                                                             State, the proprietor of the trade mark may, pursuant to Article 5 of
2.    The duty to interpret national law so as to be compatible with         Directive 89/104, prevent the use of the indication of geographical
      Community law, in the light of its wording and purpose, in             origin only if that use is not in accordance with honest practices in
      order to attain the aim pursued by the latter, cannot, of itself       industrial or commercial matters. It is for the national court to carry
      and independently of a law adopted by a Member State, have             out an overall assessment of all the circumstances of the particular
      the effect of determining or aggravating the liability in criminal     case in that regard.
      law of an entity which has failed to meet the requirements of
      Regulation No 3295/94.
                                                                             (1) OJ C 144 of 15.6.2002.
(1) OJ C 131 of 1.6.2002.
                   JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                            (Fifth Chamber)
                                                                                                        (Fifth Chamber)
                           of 7 January 2004
                                                                                                       of 7 January 2004
in Case C-100/02 (Reference for a preliminary ruling from
the Bundesgerichtshof): Gerolsteiner Brunnen GmbH &
                                                                             in Case C-201/02 (Reference for a preliminary ruling from
                       Co. v Putsch GmbH (1)
                                                                             the High Court of Justice (England & Wales), Queen’s
                                                                             Bench Division (Administrative Court): The Queen on
(Directive 89/104/EEC — Limitation of the effects of a trade                 the application of Delena Wells v Secretary of State for
mark in relation to indications concerning geographical                            Transport, Local Government and the Regions (1)
origin — Use of a geographical indication as a trade mark
as an element of use in accordance with ‘honest practices in
                 industrial or commercial matters’)                          (Directive 85/337/EEC — Assessment of the effects of
                                                                             certain projects on the environment — National measure
                                                                             granting consent for mining operations without an environ-
                             (2004/C 47/13)
                                                                             mental impact assessment being carried out — Direct effect
                                                                                             of directives Triangular situation)
                     (Language of the case: German)
                                                                                                         (2004/C 47/14)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                                                 (Language of the case: English)
In Case C-100/02: Reference to the Court under Article 234
EC by the Bundesgerichtshof (Germany) for a preliminary
ruling in the proceedings pending before that court between                  In Case C-201/02: Reference to the Court under Article 234
Gerolsteiner Brunnen GmbH & Co. and Putsch GmbH, on the                      EC by the High Court of Justice of England and Wales, Queen’s