CELEX: C2001/108/18
Language: en
Date: 2001-04-07 00:00:00
Title: Case C-81/01: Reference for a preliminary ruling by the French Cour de cassation, Commercial, Financial and Economic Chamber, by judgment of that court of 13 February 2001 in the case of SARL, Borie Manoux v Directeur de l'Institut national de la propriété industrielle (INPI)

C 108/12                 EN                      Official Journal of the European Communities                                    7.4.2001
Must Article 3(a) and (b) of the Treaty of Rome, the first recital          Reference for a preliminary ruling by the Tribunal de
in the preamble to, and Article 3(2) of, Directive 92/12 of                 Grande Instance (Regional Court), Paris (31st Chamber)
25 February 1992 on the general arrangements for products                   by judgment of that court of 19 February 2001 in the case
subject to excise duty (1), and the sixth and eighth recitals in            of Ministère Public against John Greenham and Léonard
the preamble to Directive 92/81 of 19 October 1992 on the                                                 Abel
harmonisation of the structures of excise duties on mineral
oils (2) be interpreted as precluding the French Republic
from refusing to reimburse the domestic duty on petroleum                                            (Case C-95/01)
products (TIPP) paid by a trader in petroleum products
following the failure by one of his customers to make payment?
                                                                                                    (2001/C 108/19)
(1) Council Directive 92/12/EEC of 25 February 1992 on the general
    arrangements for products subject to excise duty and on the
    holding, movement and monitoring of such products (OJ 1992              Reference has been made to the Court of Justice of the
    L 76, 23.03.1992, p. 1).                                                European Communities by judgment of the Tribunal de
(2) Council Directive 92/81/EEC of 19 October 1992 on the harmon-           Grande Instance (Regional Court), Paris (31st Chamber) of
    isation of the structures of excise duties on mineral oils (OJ 1992     19 February 2001, received at the Court Registry on 27 Febru-
    L 316, 31.10.1992, p. 12).                                              ary 2001, for a preliminary ruling in the case of Ministère
                                                                            Public against John Greenham and Léonard Abel on the
                                                                            following question:
                                                                            Must Articles 28 and 30 of the Treaty be interpreted as
                                                                            prohibiting a Member State from preventing the free move-
                                                                            ment and marketing of a food supplement lawfully sold in
Reference for a preliminary ruling by the French Cour de                    another Member State?
cassation, Commercial, Financial and Economic Chamber,
by judgment of that court of 13 February 2001 in the case
of SARL, Borie Manoux v Directeur de l’Institut national
                de la propriété industrielle (INPI)
                            (Case C-81/01)
                           (2001/C 108/18)
Reference has been made to the Court of Justice of the                      Action brought on 27 February 2001 by the Commission
European Communities by a judgment of the French Cour de                    of the European Communities against the Grand Duchy
cassation (Court of Cassation), Commercial, Financial and                                           of Luxembourg
Economic Chamber, of 13 February 2001, received at the
Court Registry on 16 February 2001, for a preliminary ruling
in the case of SARL Borie Manoux v Directeur de l’Institut
                                                                                                     (Case C-97/01)
national de la propriété industrielle (INPI) on the following
question:
                                                                                                    (2001/C 108/20)
Must Article 40 of Regulation No 2392/89 (1) be interpreted
as prohibiting the registration as a trade mark, for the products
covered by the regulation, of a geographical reference the use              An action against the Grand Duchy of Luxembourg was
of which is not provided for by Article 11, even where the                  brought before the Court of Justice on 27 February 2001 by
registration of such a trade mark is not likely to mislead the              the Commission of the European Communities, represented
consumer as to the provenance of the wine and does not                      by S. Rating and F. Siredey-Garnier, acting as Agents, with an
give rise to any confusion with a registered geographical                   address for service in Luxembourg.
designation, in so far as such registration might suggest that
the geographical reference in question, which relates to the
region where that wine is actually produced but which covers                The applicant claims that the Court should:
other designations of origin, is protected?
                                                                            —    declare that, by failing to ensure the transposition in
(1) Council Regulation (EEC) No 2392/89 of 24 July 1989 laying                   practice of Article 4d of Directive 90/388/EEC(1), as
    down general rules for the description and presentation of wines             amended by Directive 96/19/EC (2), the Grand Duchy of
    and grape musts (OJ L 232, 9.8.1989, p. 13).                                 Luxembourg has failed to comply with its obligations;
                                                                            —    order the Grand Duchy of Luxembourg to pay the costs.