CELEX: C2000/302/30
Language: en
Date: 2000-10-21 00:00:00
Title: Case C-292/00: Reference for a preliminary ruling by the Bundesgerichtshof, by judgment of that court of 27 April 2000, in the case of Davidoff & Company and Zino Davidoff SA v GOFKID Ltd

C 302/16                 EN                     Official Journal of the European Communities                                   21.10.2000
Does the standard fee applicable under Council Directive                   Reference for a preliminary ruling by the Corte Suprema
85/73/EEC (1) of 29 January 1985, in conjunction with Council              di Cassazione (Sezione Terza Civile) (Supreme Court of
Decision 88/408/EEC (2) of 15 June 1988, for the inspection                Cassation, Third Civil Chamber) by interlocutory order
of fresh meat intended for the domestic market in accordance               of that court of 18 April 2000 in the case of the Prefect of
with Council Directive 64/433/EEC (3) of 26 June 1964, as                  the Province of Cuneo against Silvano Carbone as sole
amended by Directive 89/662/EEC (4) of 11 December 1989,                   director of the private limited company ‘Expo Casa Manta
applicable pursuant to Council Directive 88/409/EEC (5) of                                                Srl’
15 June 1988, also cover the costs involved in carrying out a
bacteriological inspection required in an individual case?
                                                                                                 (Case C-296/2000)
( 1) OJ 1985 L 32, p. 14.                                                                          (2000/C 302/31)
( 2) OJ 1988 L 194, p. 24.
( 3) OJ, English Special Edition 1963-1964, p. 185.
( 4) OJ 1989 L 395, p. 13.                                                 Reference has been made to the Court of Justice of the
( 5) OJ 1988 L 194, p. 28.                                                 European Communities by order of the Corte Suprema di
                                                                           Cassazione (Sezione Terza Civile) of 18 April 2000, received
                                                                           at the Court Registry on 1 August 2000, for a preliminary
                                                                           ruling in the case of the Province of Cuneo against Silvano
                                                                           Carbone as sole director of the private limited company ‘Expo
                                                                           Casa Manta Srl’ on the following question:
Reference for a preliminary ruling by the Bundesgerichts-                  ‘Does a provision of national law which requires prior approval
hof, by judgment of that court of 27 April 2000, in the                    of cordless telephones coming from third countries for the
case of Davidoff & Company and Zino Davidoff SA v                          purposes of their being placed on the market only and not
                             GOFKID Ltd                                    also of their importation fall within the scope of Council
                                                                           Regulation (EC) No 519/94 (1) of 7 March 1994 and Council
                                                                           Regulation (EC) No 3285/94 (2) of 22 December 1994 on
                           (Case C-292/00)                                 common rules for imports from certain third countries?’
                           (2000/C 302/30)
                                                                           (1) OJ L 67 of 10 March 1994, p. 89.
                                                                           (2) OJ L 349 of 31 December 1994, p. 53.
Reference has been made to the Court of Justice of the
European Communities by judgment of the Bundesgerichtshof
(Federal Court of Justice) of 27 April 2000, received at the
Court Registry on 31 July 2000, for a preliminary ruling in the
case of Davidoff & Company SA and Zino Davidoff SA v
GOFKID Ltd on the following questions:
1.    Are the provisions of Article 4(4)(a) and Article 5(2) of
      First Council Directive 89/104/EEC of 21 December                    Reference for a preliminary ruling by the Tribunale
      1988 to approximate the laws of the Member States                    Amministrativo Regionale per il Lazio (Regional Adminis-
      relating to trade marks (1) to be interpreted (and where             trative Court for Lazio) by judgment of that court of
      appropriate so applied) as also entitling the Member                 31 May and 6 July 2000 in the case of M. Balestreri and
      States to retain rules protecting well-known marks in                          L. Maura against the Regione Lombardia
      cases where the later mark is used or to be used for goods
      or services identical with or similar to those in respect of                                 (Case C-303/00)
      which the earlier mark is registered?
2.    Are the grounds mentioned in Articles 4(4)(a) and 5(2) of                                    (2000/C 302/32)
      the Trade Mark Directive (use which without due cause
      takes unfair advantage of, or is detrimental to, the                 Reference has been made to the Court of Justice of the
      distinctive character or repute of the earlier mark) exhaus-         European Communities by judgment of the Tribunale Ammini-
      tive in regulating when it is permissible for provisions             strativo Regionale per il Lazio of 31 May and 6 July 2000,
      protecting well-known marks to be retained under                     received at the Court Registry on 8 August 2000, for a
      national law, or may those articles be supplemented by               preliminary ruling in the case of M. Balestreri and L. Maura
      national rules protecting well-known marks against later             against the Regione Lombardia on the following questions:
      signs which are used or to be used in respect of identical
      or similar goods or services?
                                                                           (1) Do the provisions contained in Articles 1, 4, 6 and 7 of
                                                                                 Council Regulation (EEC) No 3950/92 of 28 December
(1) OJ 1989 L 40, p. 1.                                                          1992 (1) and Articles 3 and 4 of Commission Regulation
                                                                                 (EEC) No 534/92 of 9 March 1993 (2) permit derogation
                                                                                 from the time-limits for the allocation of quotas, and thus
                                                                                 for adjustments and levies, where it is found, when