CELEX: C2002/144/39
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-138/02: 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 State for Work and Pensions

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