CELEX: C2001/317/23
Language: en
Date: 2001-11-10 00:00:00
Title: Case C-328/01: Action brought on 31 August 2001 by the Commission of the European Communities against Ireland

10.11.2001             EN                    Official Journal of the European Communities                                        C 317/13
European Communities in Joined Cases T-357/99 and                       Action brought on 31 August 2001 by the Commission
T-358/99 between Telefon & Buch VerlagsgmbH and the                             of the European Communities against Ireland
Office for Harmonisation in the Internat Market (Trade Marks
and Designs) (OHIM) was brought before the Court of Justice
of the European Communities on 29 August 2001 (by fax on                                         (Case C-327/01)
27 August 2001) by Telefon & Buch VerlagsgmbH, represented
by Dr Hans Georg Zeiner, Zeiner & Zeiner Chambers, Schil-                                        (2001/C 317/22)
linggasse 6, A-1010 Vienna.
                                                                        An action against Ireland was brought before the Court of
                                                                        Justice of the European Communities on 31 August 2001 by
The appellant claims that the Court should:                             the Commission of the European Communities, represented
                                                                        by Mikko Huttunen, acting as agent, with an address for
                                                                        service in Luxembourg.
1.    set aside the judgment of the Court of First Instance of
      14 June 2001 in Joined Cases T-357/99 and T-358/99
      Telefon & Buch VerlagsgmbH v Office for Harmonisation             The Applicant claims that the Court should:
      in the Internat Market;
                                                                        (1) declare that by. failing to adopt the laws, regulations
2.    declare that the words UNIVERSALTELEFONBUCH and                         or administrative provisions necessary to comply with
      UNIVERSALKOMMUNIKATIONSVERZEICHNIS                       are            Council Directive 98/20/EC (1) of 30 March 1998
      capable of comprising European Community trade marks,                   amending Directive 92/14/EEC (2) on the limitation of the
      satisfy the requirements of Article 4 of Regulation                     operation of aeroplanes covered by Part II, Chapter 2,
      No 40/94 and are not merely descriptive within the                      Volume 1 of Annex 16 to the Convention on Inter-
      meaning of Article 7(1)(c) of that regulation;                          national Civil Aviation, second edition (1988) or, in any
                                                                              event, by failing to inform the Commission of those
                                                                              measures, Ireland has failed to fulfil its obligations under
3.    refer the case back to the Office for Harmonisation in the              that Directive;
      Internat Market for further consideration and decision,
      requiring it to follow the view as to the law of the Court
      of Justice of the European Communities;                           (2) order Ireland to pay the costs.
4.    order the Office for Harmonisation in the Internat Market
      to pay the costs of these proceedings.                            Pleas in law and main arguments
                                                                        The pleas in law and main arguments are analogous to those
                                                                        in Case C-323/01 (3); the time-limit for transposition expired
Pleas in law and main arguments                                         on 1 March 1999.
                                                                        (1) OJ L 107, 7.4.1998, p. 4.
Article 7(1)(c) of Council Regulation (EC) No 40/94 of                  (2) OJ L 76, 23.3.1992, p. 21.
20 December 1993 on the Community trade mark (1) has been               (3) See page 12 of this Official Journal.
infringed because it was interpreted too broadly and therefore
incorrectly: the neologisms at issue here, acknowledged by the
Court of First Instance as such, cannot be signs which are
subject to a requirement of availability. It would be an
interference with the creativity of economic operators to
reserve for commercial dealings words which have not yet
been used, or have not yet been used for certain goods or
services, and therefore clearly are also not needed for such            Action brought on 31 August 2001 by the Commission
dealings; that appears untenable on the basis of Regulation                     of the European Communities against Ireland
No 40/94. If the ground for excluding protection, contained
in Article 7(1)(c) of Regulation No 40/94, were interpreted as
broadly as the Court of First Instance has interpreted it in the                                 (Case C-328/01)
contested judgment, Article 12(b) of that regulation would be
superfluous.                                                                                     (2001/C 317/23)
                                                                        An action against Ireland was brought before the Court of
(1) OJ L 11, 14.1.1994, p. 1.                                           Justice of the European Communities on 31 August 2001 by
                                                                        the Commission of the European Communities, represented
                                                                        by Mikko Huttunen, acting as agent, with an address for
                                                                        service in Luxembourg.
 ---pagebreak--- C 317/14                EN                    Official Journal of the European Communities                                    10.11.2001
The Applicant claims that the Court should:                              Pleas in law and main arguments
(1) declare that by failing to adopt the laws, regulations               The Hellenic Republic contends that a financial correction has
      or administrative provisions necessary to comply with              been imposed upon it unlawfully in the cotton, olive oil, grape
      Commission Directive 1999/28/EC (1) of 21 April 1999               and sheepmeat and goatmeat sectors.
      amending the Annex to Council Directive 92/14/EEC (2)
      on the limitation of the operation of aeroplanes covered
      by Part II, Chapter 2, Volume 1 of Annex 16 to the                 The Hellenic Republic contends that the proposed financial
      Convention on International Civil Aviation or, in any              correction should be annulled on the following grounds: the
      event, by failing to inform the Commission of those                applicable regulations were misinterpreted and misapplied;
      measures, Ireland has failed to fulfil its obligations under       there was error as to the facts and the facts were incorrectly
      that Directive;                                                    assessed; the statement of reasons is defective, insufficient and
                                                                         vague; and the principle of proportionality was infringed and
(2) order Ireland to pay the costs.                                      the Commission exceeded the limits of its discretion.
Pleas in law and main arguments
                                                                         Action brought on 6 September 2001 by Commission of
The pleas in law and main arguments are analogous to those                  the European Communities against Kingdom of Spain
in Case C-323/01 (3); the time-limit for transposition expired
on 1 September 1999.                                                                              (Case C-333/01)
                                                                                                  (2001/C 317/25)
(1) OJ L 118, 6.5.1999, p. 53.
(2) OJ L 76, 23.3.1992, p. 21.
(3) See page 12 of this Official Journal.                                An action against the Kingdom of Spain was brought before the
                                                                         Court of Justice of the European Communities on 6 September
                                                                         2001 by the Commission of the European Communities,
                                                                         represented by Gregorio Valero Jordana, of the Legal Service,
                                                                         acting as Agent, with an address for service care of Luis
                                                                         Escobar Guerrero, also of the Commission Legal Service,
                                                                         Wagner Centre, Luxembourg.
                                                                         The applicant claims that the Court should:
Action brought on 6 September 2001 by the Hellenic
Republic against the Commission of the European Com-
                                                                         —     Declare that, by failing to adopt and bring into force
                              munities
                                                                               within the prescribed period the laws, regulations and
                                                                               administrative provisions necessary to comply with
                         (Case C-332/01)                                       Council Directive 98/81/EC of 26 October 1998
                                                                               amending Directive 90/219/EEC on the contained use of
                                                                               genetically modified micro-organisms (1), or, in any event,
                         (2001/C 317/24)                                       by having failed to communicate such provisions to the
                                                                               Commission, the Kingdom of Spain has failed to fulfil its
                                                                               obligations under that directive; and
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European             —     Order the Kingdom of Spain to pay the costs.
Communities on 6 September 2001 by the Hellenic Republic,
represented by Vasilios Kontolaimos, Legal Adviser in the State
Legal Service, and Ioannis Khalkias, Member of that Service,
with an address for service in Luxembourg at the Greek                   Pleas in law and main arguments
Embassy, 117 Val Sainte-Croix.
                                                                         The pleas in law and main arguments are analogous to those
The applicant claims that the Court should:                              in Case C-323/01 (2); the time limit for implementation expired
                                                                         on 5 June 2000.
—     annul or, in the alternative, amend Commission Decision
      C(2001) 1795 final of 11 July 2001 excluding from                  (1) OJ L 330 of 5.12.1998, p. 13.
      Community financing certain expenditure incurred by                (2) See page 12 of this Official Journal.
      the Member States under the Guarantee Section of the
      EAGGF.