CELEX: C2000/247/37
Language: en
Date: 2000-08-26 00:00:00
Title: Case C-259/00: Reference for a preliminary ruling by the Finanzgericht München by order of that court of 19 April 2000 in the case of Biochem Zusatzstoffe Handels-Produktions GmbH v Oberfinanzdirektion Nürnberg, Außenstelle München

26.8.2000              EN                   Official Journal of the European Communities                                     C 247/25
—     The Commission confirms the finding made in the                  received at the Court Registry on 29 June 2000, for a
      reasoned opinion, to the effect that the subterranean            preliminary ruling in the case of Gründerzentrum-Betriebs-
      waters of the department of the Oise should have been            GmbH against Land Baden-Württemberg on the following
      identified as affected by pollution within the meaning of        question:
      Article 3(1) of the directive.
                                                                       In the case of operations to which Article 4(3) of Directive
                                                                       69/335/EEC (1) refers, are fees for the recording and certifi-
(1) OJ L 375 of 31.12.1991, p. 1.
                                                                       cation of documents by notaries in the civil service of the Land
(2) [1999] ECR I-2603.
                                                                       Baden-Württemberg in the Higher Regional Court District of
                                                                       Karlsruhe caught by the prohibition under Article 10 of that
                                                                       directive so that the fees may be charged only in accordance
                                                                       with the actual costs incurred by the notaries for the service in
                                                                       question?
Reference for a preliminary ruling by the Finanzgericht                (1) OJ, English Special Edition 1969 (II), p. 412.
München by order of that court of 19 April 2000 in
the case of Biochem Zusatzstoffe Handels-Produktions
GmbH v Oberfinanzdirektion Nürnberg, Außenstelle
                             München
                         (Case C-259/00)                               Reference for a preliminary ruling by the Benelux Court
                                                                       of Justice by judgment of 26 June 2000 in the case of
                                                                            Campina Melkunie B.V. v Benelux-Merkenbureau
                         (2000/C 247/37)
                                                                                                 (Case C-265/00)
Reference has been made to the Court of Justice of the
European Communities by order of the Finanzgericht Münch-                                        (2000/C 247/39)
en (Financial Court, Munich) of 19 April 2000, received at the
Court Registry on 28 June 2000, for a preliminary ruling in            Reference has been made to the Court of Justice of the
the case of Biochem Zusatzstoffe Handels- Produktions GmbH             European Communities by judgment of 26 June 2000 by the
v Oberfinanzdirektion Nürnberg, Außenstelle München, on                Benelux Court of Justice, which was received at the Court
the following question:                                                Registry on 29 June 2000, for a preliminary ruling in the case
                                                                       of Campina Melkunie B.V. v Benelux-Merkenbureau (Benelux
Is the combined nomenclature in the version of Annex I to              Trade Marks Office) on the following questions:
Regulation (EC) No 2086/97 (1) (OJ L 312) of 4 November
1997 amending Annex I to Council Regulation (EEC)                      A.   Must Articles 2 and 3(1) of First Council Directive
No 2658/87 (2) on the tariff and statistical nomenclature and               89/104/EEC of 21 December 1988 to approximate the
on the Common Customs Tariff to be interpreted as meaning                   laws of the Member States relating to trade marks (1) be
that immunoglobulin concentrates from dried, defatted and                   construed as meaning that, in determining whether a sign
decaseinated colostrum, standardised by means of lactose, are               consisting of a new word made up of a number of
to be classified as pharmaceutical products in chapter 30?                  component parts has a sufficiently distinctive character
                                                                            to be capable of serving as a mark for the goods in
                                                                            question, one has to proceed on the assumption that this
(1) OJ L 312 of 14.11.1997, p. 1.                                           question is in principle to be answered in the affirmative
(2) OJ L 256 of 7.9.1987, p. 1.                                             even if each of those component parts is in itself devoid
                                                                            of any distinctive character for those goods, and that the
                                                                            position will be different only if there are attendant
                                                                            circumstances, for instance if the new word constitutes
                                                                            an indication, which is obvious and directly comprehen-
                                                                            sible for any person, of a commercially essential combi-
                                                                            nation of properties which cannot be indicated otherwise
Reference for a preliminary ruling by the Amtsgericht                       than through use of the new word?
Mülheim/Baden by order of that court of 20 June 2000 in
the case of Gründerzentrum-Betriebs-GmbH against Land                  B.   If Question A is to be answered in the negative: must it
                      Baden-Württemberg                                     then be assumed that a sign consisting of a new word
                                                                            which is made up of different component parts, each of
                                                                            which is in itself devoid of any distinctive character for
                         (Case C-264/00)
                                                                            the goods in question within the meaning of Article 3(1)
                                                                            of the Directive, is itself also devoid of any distinctive
                         (2000/C 247/38)                                    character, and that the situation may be different only if
                                                                            there are attendant circumstances which result in the
Reference has been made to the Court of Justice of the                      combination of the component parts being greater than
European Communities by order of the Amtsgericht Müllheim/                  the sum of those parts, for instance where the new word
Baden (Local Court, Müllheim/Baden) of 20 June 2000,                        indicates a certain creativity?