CELEX: C2004/047/13
Language: en
Date: 2004-02-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-100/02 (Reference for a preliminary ruling from the Bundesgerichtshof): Gerolsteiner Brunnen GmbH & Co. v Putsch GmbH (Directive 89/104/EEC — Limitation of the effects of a trade mark in relation to indications concerning geographical 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")

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