CELEX: C2003/171/27
Language: en
Date: 2003-07-19 00:00:00
Title: Case C-235/03: Reference for a preliminary ruling by the Juzgado de 1a Instancia n° 35 (Barcelona) by order of that Court of 5 May 2003 in the case of QDQ Media S.A. against A. Omedas Lecha

19.7.2003               EN                       Official Journal of the European Union                                          C 171/19
(3) How should the requirement that the use must be                      Action brought on 5 June 2003 by the Commission of
       ‘necessary’ to indicate the intended purpose of a product         the European Communities against the Kingdom of the
       be interpreted? Can the criterion of necessity be satisfied                                     Netherlands
       even though it would in itself be possible to state the
       intended purpose without an express reference to the
                                                                                                     (Case C-241/03)
       third party’s trade mark, by merely mentioning only for
       instance the technical principle of functioning of the
       product? What significance does it have in that case that                                     (2003/C 171/28)
       the statement may be more difficult for consumers to
       understand if there is no express reference to the third
       party’s trade mark?
                                                                         An action against the Kingdom of the Netherlands was brought
(4) What factors should be taken into account when assessing             before the Court of Justice of the European Communities on
       accordance with honest commercial practice? Does the              5 June 2003 by the Commission of the European Communi-
       mentioning of a third party’s trade mark in connection            ties, represented by G. Zavvos and W. Wils, as Agents.
       with the marketing of one’s own product constitute a
       reference to the fact that the marketer’s own product
       corresponds, in quality and technically or as regards its         The applicant claims that the Court should:
       other properties, to the product designated by the third
       party’s trade mark?                                               —      declare that, by failing to adopt the laws, regulations
                                                                                and administrative provisions necessary to comply with
(5) Does it affect the permissibility of the use of a third                     Directive 2000/26/EC of the European Parliament and of
       party’s trade mark that the economic operator who refers                 the Council of 16 May 2000 on the approximation of the
       to the third party’s trade mark also markets, in addition                laws of the Members States relating to insurance against
       to a spare part or accessory, a product of his own which                 civil liability in respect of the use of motor vehicles and
       that spare part or accessory is intended to be used with?                amending Council Directives 73/239/EEC and 88/357/
                                                                                EEC (Fourth motor insurance Directive) ( 1), or in any
( 1) First Council Directive 89/104/EEC of 21 December 1988 to                  event by failing to inform the Commission thereof, the
     approximate the laws of the Member States relating to trade                Kingdom of the Netherlands has failed to fulfil its
     marks (OJ L 40 of 11.2.1989, p. 1).                                        obligations under that directive;
                                                                         —      order the Kingdom of the Netherlands to pay the costs.
Reference for a preliminary ruling by the Juzgado de                     Pleas in law and main arguments
1a Instancia n o 35 (Barcelona) by order of that Court of
5 May 2003 in the case of QDQ Media S.A. against
                         A. Omedas Lecha                                 The time limit for compliance with the directive expired on
                                                                         20 July 2002.
                          (Case C-235/03)
                                                                         (1 ) OJ 2000 L 181, p. 65.
                          (2003/C 171/27)
Reference has been made to the Court of Justice of the
European Communities by order of the Juzgado de 1a Instancia
no 35 (Court of First Instance No 35) (Barcelona) of 5 May
2003, received at the Court Registry on 2 June 2003, for a
preliminary ruling in the case of QDQ Media S.A. against                 Action brought on 6 June 2003 by the Commission of the
A. Omedas Lecha on the following question:                                    European Communities against the French Republic
Within the context of the protection accorded a creditor under                                       (Case C-243/03)
Directive 2000/35/EC ( 1) of the European Parliament and of
the Council of 29 June 2000 on combating late payment in                                             (2003/C 171/29)
commercial transaction, is it possible to regard as a debt-
related recovery cost the expenses arising from the use of legal
representation and assistance in the enforcement proceedings
brought for the purpose of recovering that debt.                         An action against the French Republic was brought before the
                                                                         Court of Justice of the European Communities on 6 June 2003
( 1) OJ L 200 of 8.8.2000, p. 35.                                        by the Commission of the European Communities, represented
                                                                         by E. Traversa, acting as Agent, with an address for service in
                                                                         Luxembourg.