CELEX: C2000/063/37
Language: en
Date: 2000-03-04 00:00:00
Title: Case C-8/00: Action brought on 11 January 2000 by the Commission of the European Communities against Ireland

C 63/20                  EN                    Official Journal of the European Communities                                       4.3.2000
Reference for a preliminary ruling by the Oberlandes-                     Pleas in law and main arguments
gericht Düsseldorf by order of that court of 23 December
1999 in the case of Michael Hölterhoff against Dr Ulrich
                             Freiesleben                                  Article 249 EC (ex Article 189 of the EC Treaty), under which
                                                                          a directive shall be binding, as to the result to be achieved,
                                                                          upon each Member State, carries by implication an obligation
                            (Case C-2/00)                                 on the Member States to observe the period for compliance
                                                                          laid down in the directive. That period expired on 17 Septem-
                           (2000/C 63/36)                                 ber 1997 without Ireland having enacted the provisions
                                                                          necessary to comply with the directive referred to in the
Reference has been made to the Court of Justice of the                    conclusions of the Commission.
European Communities by order of the Oberlandesgericht
Düsseldorf (Düsseldorf Higher Regional Court) — Twentieth
Civil Chamber — of 23 December 1999, received at the Court                (1) OJ L 235 of 17.9.1996, p. 59.
Registry on 5 January 2000, for a preliminary ruling in the
case of Michael Hölterhoff against Dr Ulrich Freiesleben on the
following question:
Does an infringement of a trade mark in the sense contem-
plated in the second sentence of Article 5(1) and Article 5(1)(a)
and (b) of Directive 89/104/EEC(1) occur where the defendant
reveals the origin of goods which he has produced himself and
uses the sign in respect of which the plaintiff enjoys protection         Action brought on 14 January 2000 by the Commission
solely to denote the particular characteristics of the goods he                   of the European Communities against Ireland
is offering for sale so that there can be no question of the trade
mark used being perceived in trade as a sign indicative of the
firm of origin?                                                                                     (Case C-13/00)
(1) OJ 1989 L 40, p. 1; corrigendum in OJ 1989 L 159, p. 60.                                        (2000/C 63/38)
                                                                          An action against Ireland was brought before the Court of
                                                                          Justice of the European Communities on 14 January 2000 by
                                                                          the Commission of the European Communities, represented
                                                                          by Karen Banks, Legal Adviser, and Manuel Desantes, a
                                                                          national expert seconded to its Legal Service, acting as Agents,
Action brought on 11 January 2000 by the Commission                       with an address for service in Luxembourg at the office of
        of the European Communities against Ireland                       Carlos Gómez de la Cruz, a member of the Legal Service of the
                                                                          Commission, Centre Wagner.
                            (Case C-8/00)
                                                                          The Applicant claims that the Court should:
                           (2000/C 63/37)
                                                                          a) find that, by failing to obtain its adherence before 1 January
An action against Ireland was brought before the Court of                      1995 to the Paris Act of the Berne Convention for the
Justice of the European Communities on 11 January 2000 by                      Protection of Literary and Artistic Works, Ireland has failed
the Commission of the European Communities, represented                        to fulfil its obligations under Article 300(7) of the EC
by Marie Wolfcarius, Legal Adviser, acting as Agent, with an                   Treaty in conjunction with Article 5 of Protocol 28 to the
address for service in Luxembourg at the office of Carlos                      Agreement on the European Economic Area and
Gómez de la Cruz, a member of the Legal Service of the
Commission, Centre Wagner.                                                b) order Ireland to bear the costs of this procedure.
The Applicant claims that the Court should:
                                                                          Pleas in law and main arguments
(1) declare that by failing to adopt all the laws, regulations or
     administrative provisions necessary to comply with
     Council Directive 96/53/EC (1) of 25 July 1996 concerning            Under Article 5 of Protocol 28 to the Agreement on the
     the maximun authorised dimensions in national and                    European Economic Area (hereinafter ‘the EEA Agreement’)
     international traffic and the maximum authorised weights             Ireland was obliged to obtain its adherence, before 1 January
     in international traffic, or in any event by failing to inform       1995, to the Berne Convention for the Protection of Literary
     the Commission of those measures, Ireland has failed to              and Artistic Works (Paris Act, 1971). This obligation also rests
     fulfil its obligations under that Directive;                         on Article 300(7) EC (ex Article 228(7) of the EC Treaty)
                                                                          which provides that international agreements duly concluded
(2) order Ireland to pay the costs.                                       by the Community shall be binding on the Member States.