CELEX: C2002/323/30
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Second Chamber) of 7 November 2002 In Joined Cases C-228/01 and C-289/01 (Reference for a preliminary ruling from the tribunal de grande instance de Dax): Jacques Bourrasse and Jean-Marie Perchicot (Transport— Directive 84/647/EEC — Use of vehicles hired without drivers for the carriage of goods by road — Registration of hired vehicles — Hired vehicles operating under Community authorisation — Regulation (EEC) No 881/92 — Management of tachograph discs of hired vehicles — Regulation (EEC) No 3821/85)

C 323/22                EN                       Official Journal of the European Communities                                         21.12.2002
C.W.A. Timmermans (Rapporteur), President of the Chamber,                   party uses in the course of trade a sign which is identical to a validly
D.A.O. Edward and S. von Bahr, Judges; F.G. Jacobs, Advocate                registered trade mark on goods which are identical to those for which
General; R. Grass, Registrar, has given a judgment on 7 Novem-              it is registered, the trade mark proprietor of the mark is entitled, in
ber 2002, in which it:                                                      circumstances such as those in the present case, to rely on Article
                                                                            5(1)(a) of that directive to prevent that use. It is immaterial that, in
                                                                            the context of that use, the sign is perceived as a badge of support for
1.    Dismisses the appeal;                                                 or loyalty or affiliation to the trade mark proprietor.
2.    Orders Mr Hirschfeldt to pay the costs.
                                                                            (1 ) OJ C 212 of 28.7.2001.
( 1) OJ C 200 of 14.7.2001.
                                                                                               JUDGMENT OF THE COURT
                                                                                                      (Second Chamber)
                 JUDGMENT OF THE COURT
                                                                                                     of 7 November 2002
                      of 12 November 2002
                                                                            In Joined Cases C-228/01 and C-289/01 (Reference for a
in Case C-206/01 (Reference for a preliminary ruling from                   preliminary ruling from the tribunal de grande instance
the High Court of Justice (England & Wales), Chancery                         de Dax): Jacques Bourrasse and Jean-Marie Perchicot ( 1)
   Division): Arsenal Football Club plc v Matthew Reed (1)
                                                                            (Transport— Directive 84/647/EEC — Use of vehicles hired
(Approximation of laws — Trade marks — Directive 89/                        without drivers for the carriage of goods by road —
104/EEC — Article 5(1)(a) — Scope of the proprietor’s                       Registration of hired vehicles — Hired vehicles operating
                exclusive right to the trade mark)                          under Community authorisation — Regulation (EEC)
                                                                            No 881/92 — Management of tachograph discs of hired
                                                                                        vehicles — Regulation (EEC) No 3821/85)
                          (2002/C 323/29)
                                                                                                        (2002/C 323/30)
                   (Language of the case: English)
                                                                                                  (Language of the case: French)
                                                                            (Provisional translation; the definitive translation will be published
In Case C-206/01: Reference to the Court under Article 234
                                                                                                 in the European Court Reports)
EC by the High Court of Justice of England and Wales,
Chancery Division, for a preliminary ruling in the proceedings
pending before that court between Arsenal Football Club plc
and Matthew Reed, on the interpretation of Article 5(1)(a) of
the First Council Directive 89/104/EEC of 21 December 1988                  In Joined Cases C-228/01 and C-289/01: Reference to the
to approximate the laws of the Member States relating to trade              Court under Article 234 EC by the Cour d’appel de Pau (C-228/
marks (OJ 1989 L 40, p. 1), the Court, composed of:                         01) and the Tribunal de grande instance de Dax (C-289/01)
G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet,          (France) for a preliminary ruling in the criminal proceedings
C.W.A. Timmermans (Rapporteur) (Presidents of Chambers),                    pending before those courts against Jacques Bourrasse (C-228/
C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken,                  01) and Jean-Marie Perchicot (C-289/01) Third parties: Union
N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer,                régionale syndicale des petits et moyens transporteurs du Sud-
Advocate General; L. Hewlett, Principal Administrator, for the              Ouest (Unostra Aquitaine) (C-228/01), Fédération générale des
Registrar, has given a judgment on 12 November 2002, in                     transports et de l’équipement CFDT (FGTE-CFDT) (C-289/01)
which it has ruled:                                                         and Inspection du travail des transports (C-228/01 and C-289/
                                                                            01), and on the interpretation of Article 2 of Council Directive
                                                                            84/647/EEC of 19 December 1984 on the use of vehicles
In a situation which is not covered by Article 6(1) of the First Council    hired without drivers for the carriage of goods by road (OJ
Directive 89/104/EEC of 21 December 1988 to approximate the                 1984 L 335, p. 72), as amended by Council Directive 90/398/
laws of the Member States relating to trade marks, where a third            EEC of 24 July 1990 (OJ 1990 L 202, p. 46), the Court (Second
 ---pagebreak--- 21.12.2002                EN                      Official Journal of the European Communities                                              C 323/23
Chamber), composed of: C. Gulmann, acting for the President                  (Agents: G. de Bergues and D. Colas also by C. Isidoro):
of the Second Chamber, V. Skouris and N. Colneric (Rappor-                   Application for a declaration that, by failing to adopt all the
teur), Judges; A. Tizzano, Advocate General; H. von Holstein,                laws, regulations and administrative provisions necessary to
Deputy Registrar, has given a judgment on 7 November 2002,                   comply with Council Directive 97/11/EC of 3 March 1997
in which it has ruled:                                                       amending Directive 85/337/EEC on the assessment of the
                                                                             effects of certain public and private projects on the environ-
1.    Articles 3 and 5 of Council Regulation (EEC) No 881/92 of              ment (OJ 1997 L 73, p. 5), alternatively by failing to inform
      26 March 1992 on access to the market in the carriage of               the Commission of those provisions, the French Republic has
      goods by road within the Community to or from the territory of         failed to fulfil its obligations under that directive, the Court
      a Member State or passing across the territory of one or more          (Sixth Chamber), composed of: J.-P. Puissochet, President of
      Member States, and Article 14 of Council Regulation (EEC)              the Chamber, R. Schintgen, C. Gulmann (Rapporteur),
      No 3821/85 of 20 December 1985 on recording equipment                  V. Skouris and J.N. Cunha Rodrigues, Judges; A. Tizzano,
      in road transport, both in its original version and in that            Advocate General; M.-F. Contet, Administrator, for the Regis-
      resulting from Council Regulation (EC) No 2135/98 of                   trar, has given a judgment on 7 November 2002, in which it:
      24 September 1998, do not permit a road haulage company
      established in one Member State, which hires out vehicles              1.    Declares that, by failing to adopt within the prescribed time-
      without drivers to a road haulage company established in                     limit all the laws, regulations and administrative provisions
      another Member State, to transfer the benefit of its own                     necessary to comply with Article 1(7) and (11) of Council
      Community authorisation to the lessee or to retain the                       Directive 97/11/EC of 3 March 1997 amending Directive
      management of the tachograph discs of the hired vehicles.                    85/337/EEC on the assessment of the effects of certain public
                                                                                   and private projects on the environment, the French Republic
2.    Article 2(1) of Council Directive 84/647/EEC of 19 December                  has failed to fulfil its obligations under that directive;
      1984 on the use of vehicles hired without drivers for the
      carriage of goods by road, as amended by Council Directive 90/         2.    Orders the French Republic to pay the costs.
      398/EEC of 24 July 1990, should be interpreted as meaning
      that, subject to the possible application of Article 4 of that
                                                                             (1 ) OJ C 331 of 24.11.2001.
      directive, vehicles hired without drivers must be registered in the
      Member State in which the lessee road haulage company is
      established.
( 1) OJ C 227 of 11.8.2001.
                                                                                               JUDGMENT OF THE COURT
                                                                                                         (First Chamber)
                                                                                                     of 7 November 2002
                   JUDGMENT OF THE COURT
                                                                             in Case C-352/01: Commission of the European Communi-
                            (Sixth Chamber)                                                      ties v Kingdom of Spain (1)
                         of 7 November 2002                                  (Failure by a Member State to fulfil its obligations — Failure
                                                                                              to transpose Directive 98/8/EC)
in Case C-348/01: Commission of the European Communi-
                       ties v French Republic ( 1)                                                       (2002/C 323/32)
(Failure of a Member State to fulfil its obligations —                                           (Language of the case: Spanish)
Directive 97/11/EC — Environmental impact assessment of
certain public and private projects — Incomplete transpo-                    (Provisional translation; the definitive translation will be published
                                 sition)                                                         in the European Court Reports)
                            (2002/C 323/31)
                                                                             In Case C-352/01, Commission of the European Communities
                      (Language of the case: French)                         (Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
                                                                             L. Fraguas Gadea): Application for a declaration that, by failing
(Provisional translation; the definitive translation will be published       to adopt the laws, regulations and administrative provisions
                     in the European Court Reports)                          necessary to comply with Directive 98/8/EC of the European
                                                                             Parliament and of the Council of 16 February 1998 concerning
                                                                             the placing of biocidal products on the market (OJ 1998
                                                                             L 123, p. 1) or, in any event, by failing to communicate them
In Case C-348/01, Commission of the European Communities                     to the Commission, the Kingdom of Spain has failed to fulfil
(Agents: G. zur Hausen and J. Adda) v French Republic                        its obligations under that directive, the Court, composed of: