CELEX: C1998/137/16
Language: en
Date: 1998-05-02 00:00:00
Title: Reference for a preliminary ruling from the Bundespatentgericht (Federal Patents Court) by order of that court of 29 January 1998 in the case of BASF AG v. President of the German Patent Office (Case C-44/98)

2.5.98                EN                Official Journal of the European Communities                                   C 137/7
decided to terminate the contract, governed by Italian law,        gerichtshof (Administrative Court), Vienna, of 21 January
on the ground of breach of contract by the defendant.              1998, received at the Court Registry on 19 February
                                                                   1998, for a preliminary ruling in the cases of Johann
                                                                   Seemeier and Jörg Schreiber against the Unabhängiger
                                                                   Verwaltungssenat des Landes Salzburg (Independent
                                                                   Administrative Board for the Land of Salzburg) and Jörg
                                                                   Schreiber against the Unabhängiger Verwaltungssenat für
Action brought on 18 February 1998 by the Commission               Kärnten     (Independent     Administrative     Board     for
of the European Communities against TVR-Tecnologie                 Carinthia),    additional    party:   Bundesminister      für
                        Vetroresina SpA                            Wissenschaft und Verkehr (Federal Minister for Science
                                                                   and Transport), on the following question:
                        (Case C-41/98)
                         (98/C 137/14)
                                                                   are Articles 30 to 36 of the EC Treaty (provisions on the
An action against TVR-Tecnologie Vetroresina SpA, whose            freedom of movement of goods) and the other provisions
registered office is in Rome, was brought before the Court         of applicable Community law to be interpreted as
of Justice of the European Communities on 18 February              preventing a Member State from restricting the transport
1998 by the Commission of the European Communities,                of animals for slaughter in that animals may be
represented by Eugenio de March, Legal Adviser, assited            transported for slaughter only as far as the nearest suitable
by Alberto Dal Ferro, of the Vicenza Bar, with an address          abattoir in that State, and may be transported for
for service in Luxembourg at the office of Carlos Gómez            slaughter in any event only if the provisions of law
de la Cruz, Wagner Centre, Kirchberg.                              regarding motor vehicles and traffic regulation are
                                                                   observed and a total journey time of six hours and a
The applicant claims that the Court should:                        distance of 130 kilometres are not exceeded, whereby, in
                                                                   calculating the distance, account is taken of only half of
                                                                   the kilometres actually travelled on a motorway?
Ð order the defendant to repay ECU 77 558,80 together
    with interest, from 1 February 1990 until payment is
    actually made, at a rate of ECU 24,97 per day,
Ð order the defendant to pay to the Commission ECU
    7 700, or any other amount which the Court might
    deem equitable, by way of compensation for damage,
                                                                   Reference for a preliminary ruling from the
Ð order the defendant to pay the costs.                            Bundespatentgericht (Federal Patents Court) by order of
                                                                   that court of 29 January 1998 in the case of BASF AG v.
                                                                              President of the German Patent Office
Pleas in law and main arguments adduced in support:
                                                                                          (Case C-44/98)
The action, brought under an arbitration clause, seeks the
                                                                                           (98/C 137/16)
repayment of an advance paid under contract BREU-
0114-I(A) for the design of structures manufactured from
composite materials using CAD-CAM techniques, and the
completion of a completely automated production                    Reference has been made to the Court of Justice of the
prototype, using the filament-winding' method. The                European      Communities      by    an    order    of    the
Commission decided to terminate the contract, governed             Bundespatentgericht (Federal Patents Court) of 29 January
by Italian law, on the ground of breach of contract by the         1998, which was received at the Court Registry on
defendant.                                                         20 February 1998, for a preliminary ruling in the case of
                                                                   BASF AG v. President of the German Patent Office on the
                                                                   following question:
                                                                   is it compatible with the principles of the free movement
Reference for a preliminary ruling by the Verwaltungs-             of goods (Articles 30 and 36 of the EC Treaty) for a
gerichtshof, Vienna, by order of that court of 21 January          patent granted by the European Patent Office with effect
1998 in the cases of Johann Seemeier and Jörg Schreiber            in a Member State which is drafted in a language other
against the Unabhängiger Verwaltungssenat des Landes               than the official language of that Member State to be
Salzburg and Jörg Schreiber against the Unabhängiger               deemed void ab initio if the patent-holder does not file
Verwaltungssenat für Kärnten, Additional Party: Bundes-            with the patent office of the Member State in question a
           minister für Wissenschaft und Verkehr                   translation of the patent specification in the official
                        (Case C-42/98)                             language of that Member State within three months of the
                                                                   publication in the European Patent Bulletin of the
                         (98/C 137/15)                             mention of the grant of the patent?
Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungs-