CELEX: C2002/144/40
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-140/02: Reference for a preliminary ruling by the House of Lords, by order of that court dated 17 December 2001, in the case of Regina against Minister of Agriculture, Fisheries and Food, Ex parte: S.P. Anastasiou (Pissouri) Limited and others, Interveners: Cypfruvex (UK) Ltd, Cypfruvex Fruit and Vegetable (Cypfruvex) Enterprises Ltd

15.6.2002              EN                    Official Journal of the European Communities                                          C 144/23
     in respect of which registration is sought, the same type                income-based jobseeker’s allowance to a person in the
     of goods are commonly found in the trade and the nature                  circumstances of the claimant in the present case?
     of the marks influences the perception of the marks by
     the targeted public.
—    Infringement of Article 7(1)(b) of Regulation No 40/94:            (1) on freedom of movement for workers within the Community (OJ
     the requirements imposed by the Court of First Instance                L 257, 19.10.1968, p. 2) (SE SER 1 68(II), p. 475).
     with respect to distinctiveness are too stringent.                 (2) on the abolition of restrictions on movement and residence within
                                                                            the Community for workers of Member States and their families
                                                                            (OJ L 257, 19.10.1968, p. 13) (SE SER 1 68(II), p. 485).
—    Infringement of Article 7(1)(b) of Regulation No 40/94:
     the Court of First Instance imposes incorrect requirements
     with respect to distinctiveness which are not provided for
     in the Regulation by presuming, without any factual
     basis, that the existence — assumed by it — of ‘a wide
     variety of designs’ and the average consumer’s familiarity
     with shapes similar to those at issue influence distinc-
     tiveness.
(1) Not yet published in the European Court Reports.
(2) Council Regulation (EC) No 40/94 of 20 December 1993 on the
    Community trade mark, OJ 1994 L 11, p. 1.
                                                                        Reference for a preliminary ruling by the House of Lords,
                                                                        by order of that court dated 17 December 2001, in the
                                                                        case of Regina against Minister of Agriculture, Fisheries
                                                                        and Food, Ex parte: S.P. Anastasiou (Pissouri) Limited and
                                                                        others, Interveners: Cypfruvex (UK) Ltd, Cypfruvex Fruit
                                                                                 and Vegetable (Cypfruvex) Enterprises Ltd
Reference for a preliminary ruling by the Social Security
Commissioners, London, by order dated 28 March 2002,
in the case of Brian Francis Collins against Secretary of                                          (Case C-140/02)
                  State for Work and Pensions
                          (Case C-138/02)                                                          (2002/C 144/40)
                         (2002/C 144/39)
                                                                        Reference has been made to the Court of Justice of the
Reference has been made to the Court of Justice of the
                                                                        European Communities by an order of the House of Lords
European Communities by an order of the Social Security
                                                                        dated 17 December 2001, which was received at the Court
Commissioners, London, dated 28 March 2002, which was
                                                                        Registry on 16 April 2002, for a preliminary ruling in the case
received at the Court Registry on 12 April 2002, for a
                                                                        of Regina against Minister of Agriculture, Fisheries and Food,
preliminary ruling in the case of Brian Francis Collins and
                                                                        Ex parte: S.P. Anastasiou (Pissouri) Limited and others, Inter-
Secretary of State for Work and Pensions on the following
                                                                        veners: Cypfruvex (UK) Ltd, Cypfruvex Fruit and Vegetable
questions:
                                                                        (Cypfruvex) Enterprises Ltd, on the following questions:
1.   Is a person in the circumstances of the claimant in the
     present case a worker for the purposes of Regulation               1.    Whether, where citrus fruit originating in one third
     No 1612/68 (1) of the Council of 15 October 1968?                        country has been shipped to another third country, the
                                                                              special requirement that the packaging shall bear an
2.   If the answer to question 1 is not in the affirmative, does              appropriate origin mark pursuant to item 16.1 of
     a person in the circumstances of the claimant in the                     Annex IVA of Directive 77/93/EEC, now Directive 2000/
     present case have a right to reside in the United Kingdom                29/EC (1), can only be fulfilled in the country of origin or
     pursuant to Directive No 68/360 (2) of the Council of                    whether it may alternatively be fulfilled in such other
     15 October 1968?                                                         third country?
3.   If the answers to both questions 1 and 2 are not in the
     affirmative, do any provisions or principles of European           2.    Whether the official statement required by items 16.2 to
     Community law require the payment of a social security                   16.4 of Directive 2000/29/EC as to the country of origin
     benefit with conditions of entitlement like those for                    must be made by an official in the country of origin or
 ---pagebreak--- C 144/24                EN                     Official Journal of the European Communities                                          15.6.2002
      whether it may be made by an official in such other third                 —     fails to provide that the conservation measures
      country?                                                                        referred to in Article 6(2) of Directive 92/43 apply
                                                                                      to the sites referred to in Article 5(1) of that directive,
                                                                                has failed to fulfil its obligations under Articles 5, 6 and
(1) Council Directive 2000/29/EC of 8 May 2000 on protective                    7 of Directive 92/43/EEC;
    measures against the introduction into the Community of organ-
    isms harmful to plants or plant products and against their spread
    within the Community OJ L 169, 10.7.2000, p. 1.
                                                                          —     order the Italian Republic to pay the costs.
                                                                          Pleas in law and main arguments
                                                                          Article 6(3) of the directive provides that any plan or project
                                                                          which, either individually or in combination with other plans
Action brought on 17 April 2002 by the Commission of                      or projects, has a significant effect on a site of Community
  the European Communities against the Italian Republic                   importance falls within the directive’s scope. The word ‘any’
                                                                          used by the Community legislator leaves no doubt that it refers
                                                                          to all projects, even if not covered by the directives on the
                                                                          assessment of environmental impact and even if not directly
                          (Case C-143/02)
                                                                          connected with or necessary to the management of the site.
                          (2002/C 144/41)
                                                                          However, Article 5(3) of Presidential Decree 357/97 limits the
                                                                          decree’s scope to a restricted list of projects expressly men-
                                                                          tioned therein so that a whole series of projects of various
                                                                          kinds are excluded even though they are likely to have a
An action against the Italian Republic was brought before the             significant effect on sites of Community importance.
Court of Justice of the European Communities on 17 April
2002 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Roberto Amorosi,
acting as Agents.                                                         Under Article 6 of the Italian decree, which transposes Article 7
                                                                          of the directive, only the obligations arising under Article 4(2)
                                                                          and (3) and Article 5 and not those arising under Article 4(1)
                                                                          of the decree — which transposes Article 6(2) of the directive
                                                                          — apply to special protection areas.
The applicant claims that the Court should:
—     declare that, by adopting legislating implementing Direc-           It follows that the Italian legislation at issue imposes no
      tive 92/43/EEC (1) which:                                           obligation on the competent Italian authorities to take steps,
                                                                          in relation to special protection areas, to avoid the deterioration
                                                                          of natural habitats and the habitats of species as well as the
      —     fails to include within the scope of the laws on the          disturbance of the species for which the areas have been
            assessment of effects on the environment projects             designated.
            other than those listed in the Italian legislation
            implementing directives on environmental impact
            that are nevertheless likely to have a significant
            effect on sites of Community importance,                      Lastly, Decree 357/97 wholly fails to transpose the provisions
                                                                          of Article 5(4) of the directive.
      —     fails to impose upon the competent Italian auth-
            orities any obligation to take appropriate steps in
            respect of special protection areas to avoid the              The implication of this is that, should the Commission, on
            deterioration of natural habitats and of the habitats         finding an omission from the national list of a Member State,
            of species or disturbance of the species for which            initiate a bilateral consultation procedure with that Member
            the areas were designated, in so far as such disturb-         State and, failing to resolve the dispute within a period of six
            ance could be significant in relation to the objectives       months, forward to the Council a proposal relating to the
            of the directive,                                             selection of the site in question as a site of Community