CELEX: C2001/212/23
Language: en
Date: 2001-07-28 00:00:00
Title: Case C-206/01: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court of 4 May 2001, in the case of Arsenal Football Club plc against Matthew Reed

C 212/14               EN                      Official Journal of the European Communities                                     28.7.2001
—     Order the Kingdom of the Netherlands to pay the costs.                   (b) the third party has no defence to infringement by
                                                                                     virtue of Article 6(1) of the Council Directive of the
                                                                                     21st December 1988 to approximate the laws of
Pleas in law and main arguments                                                      the Member States relating to trade marks
                                                                                     (89/104/EEC) (1);
The Commission submits that Netherlands has not correctly
implemented the following provisions of the directive into                     does the third party have a defence to infringement on
Netherlands law:                                                               the ground that the use complained of does not indicate
                                                                               trade origin (i.e. a connection in the course of trade
—     Article 8(2) (use of anaesthesia in the case of serious                  between the goods and the trade mark proprietor)?
      injury which may cause severe pain): A draft amendment
      to the ‘Dierproevenbesluit’ (animal experiments order) for
                                                                          2.   If so, is the fact that the use in question would be
      the implementation of Article 8(2)(b), last sentence,
                                                                               perceived as a badge of support, loyalty or affiliation to
      of the directive, was, according to the Netherlands
                                                                               the trade mark proprietor a sufficient connection?
      Government, recently sent for the opinion of the Raad
      van State.
—     Article 11 (release of animals): The Commission submits
      that Article 10(a), second paragraph of the Wet op de               (1) OJ L 40, 11.2.1989, p. 1.
      Dierproeven (law on animal experiments) has a general
      scope and does not concern specifically the release of
      animals.
—     Article 18(1) (identification marking of dogs, cats and
      primates): There is no provision in Netherlands law to
      the effect that before they are weaned they must be provided
      with an individual identification mark in the least painful
      manner possible.
—     Article 22(1) (mutual recognition of results of animal
      experiments): The Commission submits that this pro-                 Reference for a preliminary ruling from the Bundesfin-
      vision must be implemented in national law by means of              anzhof by order of that court of 21 February 2001 in the
      a statutory provision with binding force.                           case of Theodor Schilling and Angelika Fleck-Schilling v
                                                                                             Finanzamt Nürnberg-Süd
(1) OJ 1987, L 117, p. 31.
                                                                                                  (Case C-209/01)
                                                                                                  (2001/C 212/24)
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by an order of the Bundesfinanzhof
Reference for a preliminary ruling by the High Court of                   (Federal Finance Court) of 21 February 2001, which was
Justice (England & Wales), Chancery Division, by order                    received at the Court Registry on 21 May 2001, for a
of that court of 4 May 2001, in the case of Arsenal                       preliminary ruling in the case of Theodor Schilling and
           Football Club plc against Matthew Reed                         Angelika Fleck-Schilling v Finanzamt Nürnberg-Süd on the
                                                                          following questions:
                          (Case C-206/01)
                                                                          1.   Is it contrary to the first paragraph of Article 14 of the
                                                                               Protocol on the privileges and immunities of the Euro-
                         (2001/C 212/23)                                       pean Communities of 8 April 1965 (BGBl II 1965, 1482,
                                                                               1488) if German nationals who work in Luxembourg as
Reference has been made to the Court of Justice of the                         officials of the European Community and live there may
European Communities by an order of the High Court of                          not, in the context of assessment to German income tax,
Justice (England & Wales), Chancery Division, of 4 May 2001,                   deduct expenditure in respect of a household help
which was received at the Court Registry on 18 May 2001, for                   employed in Luxembourg under Paragraph 10(1)(8) of
a preliminary ruling in the case of Arsenal Football Club plc                  the Einkommensteuergesetz (Law on income tax) because
against Matthew Reed, on the following questions:                              the contributions to the statutory pension insurance
                                                                               scheme for the household help were not paid to the
1.    Where a trade mark is validly registered and
                                                                               German pension insurance scheme?
      (a)   a third party uses in the course of trade a sign
            identical with that trade mark in relation to goods           2.   If Question 1 is answered in the negative: Is Article 48(4)
            which are identical with those for whom the trade-                 of the EC Treaty to be interpreted as meaning that an EC
            mark is registered; and                                            official may not rely on Article 48 of the EC Treaty?