CELEX: C1998/258/15
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT of 16 June 1998 in Case C-53/96 (reference for a preliminary ruling from the Arrondissementsrechtbank te Amsterdam): Hermès International v FHT Marketing Choice BV (Agreement establishing the World Trade Organisation - TRIPS Agreement - Article 177 of the Treaty - Jurisdiction of the Court of Justice - Article 50 of the TRIPS Agreement - Provisional measures)

15.8.98              EN                  Official Journal of the European Communities                                      C 258/9
              JUDGMENT OF THE COURT                                 Ð although the parties remain free to initiate proceedings
                                                                         on the merits of the case, the decision is usually
                      of 16 June 1998
                                                                         accepted by the parties as a final' resolution of their
in Case C-53/96 (reference for a preliminary ruling from                 dispute,
the Arrondissementsrechtbank te Amsterdam): HermeÁs
       International v FHT Marketing Choice BV (1)
                                                                    is to be regarded as a provisional measure' within the
(Agreement establishing the World Trade Organisation Ð              meaning of Article 50 of the Agreement on Trade-Related
TRIPS Agreement Ð Article 177 of the Treaty Ð                       Aspects of Intellectual Property Rights, as set out in
Jurisdiction of the Court of Justice Ð Article 50 of the            Annex 1 C to the Agreement establishing the World Trade
        TRIPS Agreement Ð Provisional measures)                     Organisation, approved on behalf of the Community, as
                                                                    regards matters within its competence, in Council
                       (98/C 258/15)
                                                                    Decision 94/800/EC of 22 December 1994.
               (Language of the case: Dutch)                        (1) OJ C 95 of 30.3.1996.
 (Provisional translation; the definitive translation will be
         published in the European Court Reports)
                                                                                  JUDGMENT OF THE COURT
In Case C-53/96: reference to the Court under Article 177
of the EC Treaty by the Arrondissementsrechtbank te                                        of 16 June 1998
Amsterdam for a preliminary ruling in the proceedings               in Case C-162/96 (reference for a preliminary ruling from
pending before that court between HermeÁs International             the Bundesfinanzhof): A. Racke GmbH & Co. v
(a partnership limited by shares) and FHT Marketing                                    Hauptzollamt Mainz (1)
Choice BV on the interpretation of Article 50(6) of the
Agreement on Trade-Related Aspects of Intellectual                  (EEC/Yugoslavia Cooperation Agreement Ð Suspension
Property Rights, as set out in Annex 1 C to the Agreement           of trade concessions Ð Vienna Convention on the Law of
establishing the World Trade Organisation, approved on                         Treaties Ð Rebus sic stantibus clause)
behalf of the Community, as regards matters within its
                                                                                            (98/C 258/16)
competence, in Council Decision 94/800/EC of
22 December 1994 (OJ L 336 of 23.12.1994, p. 1) Ð the
Court, composed of: G. C. Rodríguez Iglesias, President,                           (Language of the case: German)
C. Gulmann, H. Ragnemalm, M. Wathelet, Presidents of
Chambers, G. F. Mancini, J. C. Moitinho de Almeida,
P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward
                                                                      (Provisional translation; the definitive translation will be
(Rapporteur), J.-P. Puissochet, G. Hirsch and P. Jann, L.
                                                                             published in the European Court Reports)
Sevón, Judges; Advocate General: G. Tesauro, Registrar:
L. Hewlett, Administrator, has given a judgment on
16 June 1998, in which it has ruled:                                In Case C-162/96: reference to the Court under Article 177
                                                                    of the EC Treaty by the Bundesfinanzhof (Germany) for a
                                                                    preliminary ruling in the proceedings pending before that
A measure whose purpose is to put an end to alleged                 court between A. Racke GmbH & Co. and Hauptzollamt
infringements of a trade-mark right and which is adopted            Mainz Ð on the validity of Council Regulation (EEC)
in the course of a procedure distinguished by the following         No 3300/91 of 11 November 1991 suspending the trade
features:                                                           concessions provided for by the Cooperation Agreement
                                                                    between the European Economic Community and the
                                                                    Socialist Federal Republic of Yugoslavia (OJ L 315 of
Ð the measure is characterised under national law as an             15.11.1991, p. 1) Ð the Court composed of: G. C.
    immediate provisonal measure' and its adoption must            Rodríguez Iglesias, President, C. Gulmann, H. Ragnemalm
    be required on grounds of urgency',                            and M. Wathelet, Presidents of the Chambers, J. C.
                                                                    Moitinho de Almeida, P. J. G. Kapteyn (Rapporteur), J. L.
                                                                    Murray, D. A. O. Edward, G. Hirsch, P. Jann and L.
Ð the opposing party is summoned and is heard if he                 Sevón, Judges; F. G. Jacobs, Advocate General; D.
    appears before the court,                                       Louterman-Hubeau, Principal Administrator, for the
                                                                    Registrar, has given a judgment on 16 June 1998, in which
                                                                    it has ruled:
Ð the decision adopting the measure is reasoned and
    given in writing following an assessment of the
    substance of the case by the judge hearing the interim          Examination of the questions referred has disclosed no
    application,                                                    factor of such a kind as to affect the validity of Council
                                                                    Regulation (EEC) No 3300/91 of 11 November 1991
                                                                    suspending the trade concessions provided for by the
Ð an appeal may lodged against the decision, and                    Cooperation Agreement between the European Economic