CELEX: C1998/113/19
Language: en
Date: 1998-04-11 00:00:00
Title: Reference for a preliminary ruling from the Corte d'Appello di Torino (Court of Appeal, Turin) by order of that court of 19 November 1997 in the case of SA Régie Nationale des Usines Renault v. SpA Maxicar and Orazio Formento (Case C-38/98)

C 113/8               EN                  Official Journal of the European Communities                                    11.4.98
    the exercise of its discretion, an application by a              d'Appello di Torino (Court of Appeal, Turin) of
    Turkish national to remain in its territory, is that             19 November 1997, which was received at the Court
    competent authority obliged to take into account the             Registry on 16 February 1998, for a preliminary ruling in
    existence of the Agreement together with the                     the case of SA ReÂgie Nationale des Usines Renault v. SpA
    additional Protocol?                                             Maxicar and Orazio Formento on the following questions:
5. If the answer to question No 4 is yes', is the
    competent authority in the Member State required to
    have regard to the principle of proportionality in               1. Are Articles 30 to 36 of the EC Treaty to be
    exercising its discretion?                                           interpreted as precluding the holder of industrial or
                                                                         intellectual design rights in a Member State from
6. If the answer to question No 5 is yes', what factors                 asserting the corresponding exclusive right so as to
    are to be taken into account by the competent                        prevent third parties from manufacturing, selling and
    national authority in determining whether deportation                exporting to another Member State component parts
    is proportionate?                                                    which, taken as a whole, make up the bodywork of a
                                                                         car already on the market, that is to say, component
                                                                         parts intended to be sold as spare parts for that car?
Reference for a preliminary ruling by the Pretura di Roma            2. Is Article 86 of the EC Treaty to be applied so as to
by order of that court of 6 October 1997 in the case of                  prohibit the abuse of the dominant position held by
            Kazemi Nava against Confcommercio                            each car manufacturer in the market for spare parts
                                                                         for cars of its manufacture, which consists in seeking
                        (Case C-11/98)                                   to eliminate any competition from independent
                         (98/C 113/18)                                   manufacturers of spare parts through the exercise of
                                                                         its industrial and intellectual design rights and the
Reference has been made to the Court of Justice of the                   attendant judicial penalties?
European Communities by order of the Pretura di Roma
(Rome Magistrate's Court) of 6 October 1997, which was
received at the Court Registry on 15 January 1998, for a             3. Is, therefore, a judgment handed down by a court of a
preliminary ruling in the case of Kazemi Nava against                    Member State to be considered contrary to public
Confcommercio on the following question.                                 policy within the meaning of Article 27 of the Brussels
                                                                         Convention if it recognises industrial or intellectual
Must the term employer' contained in Article 1 of
                                                                         design rights over such component parts which, taken
Directive 75/129/EEC (1) of 17 February 1975 be
                                                                         as a whole, make up the bodywork of a car and
understood as including non-profit-making organisations,
                                                                         affords protection to the holder of such purported
which act on behalf of their own members who are,
                                                                         exclusive rights by preventing third parties trading in
moreover, required periodically to pay a subscription, and
                                                                         another Member State from manufacturing, selling,
which represent and protect the interests of undertakings
                                                                         transporting, importing or exporting in that Member
and politicial, social, economic and trade union
                                                                         State such component parts which, taken as a whole,
organisations and serve to further the economic and social
                                                                         make up the bodywork of a car already on the
interests of undertakings: in other words, those
                                                                         market, or, in any event, by sanctioning such conduct?
organisations, such as Confcommercio, which may also be
defined as associations of trade unions in the light of the
objects set forth in their memoranda of association. If the
reply is in the affirmative, is the national court required to
disapply the concept of undertaking' as mentioned in Law
No 223/1991?
(1) OJ L 48, 22.7.1975, p. 29.
                                                                     Action brought on 24 February 1998 by the Kingdom of
                                                                          Spain against the Council of the European Union
                                                                                            (Case C-45/98)
                                                                                             (98/C 113/20)
Reference for a preliminary ruling from the Corte
d'Appello di Torino (Court of Appeal, Turin) by order of
that court of 19 November 1997 in the case of SA ReÂgie
Nationale des Usines Renault v. SpA Maxicar and Orazio               An action against the Council of the European Union was
                           Formento                                  brought before the Court of Justice of the European
                        (Case C-38/98)                               Communities on 24 February 1998 by the Kingdom of
                                                                     Spain, represented by Rosario Silva de Lapuerta, abogado
                         (98/C 113/19)                               del Estado, of the State Legal Service responsible for
                                                                     representing the Spanish Government before the Court of
Reference has been made to the Court of Justice of the               Justice, with an address for service in Luxembourg at the
European Communities by an order of the Corte                        Spanish Embassy, 4Ð6 boulevard E. Servais.