CELEX: C2002/084/10
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 December 2001 in Case C-269/99 (reference for a preliminary ruling from the Landgericht Hamburg): Carl Kühne GmbH & Co. KG, Rich. Hengstenberg GmbH & Co., Ernst Nowka GmbH & Co. KG v Jütro Konservenfabrik GmbH & Co. KG (Agricultural products and foodstuffs — Geographical indications and designations of origin — Simplified registration procedure — Protection of the designation "Spreewälder Gurken")

C 84/6                    EN                     Official Journal of the European Communities                                           6.4.2002
a)    A benefit such as the advance on maintenance payments                 for a preliminary ruling in the proceedings pending before
      provided for by the Österreichische Bundesgesetz über die            that court between Carl Kühne GmbH & Co. KG, Rich.
      Gewährung von Vorschüssen auf den Unterhalt von Kindern               Hengstenberg GmbH & Co., Ernst Nowka GmbH & Co. KG
      (Unterhaltsvorschussgesetz) (Austrian Federal Law on the Grant        and Jütro Konservenfabrik GmbH & Co. KG — on the validity
      of Advances for the Maintenance of Children), adopted in              of Commission Regulation (EC) No 590/1999 of 18 March
      1985, is a family benefit within the meaning of Article 4(1)(h)       1999 supplementing the Annex to Regulation (EC)
      of Council Regulation (EEC) No 1408/71 of 14 June 1971                No 1107/96 on the registration of geographical indications
      on the application of social security schemes to employed             and designations of origin under the procedure laid down in
      persons, to self-employed persons and to members of their             Article 17 of Regulation (EEC) No 2081/92 (OJ 1999 L 74,
      families moving within the Community, as amended and                  p. 8) — the Court (Sixth Chamber), composed of: N. Colneric,
      updated by Council Regulation (EC) No 118/97 of 2 December            President of the Second Chamber, acting for the President of
      1996.                                                                 the Sixth Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet,
                                                                            R. Schintgen and V. Skouris, Judges; F.G. Jacobs, Advocate
b)    A person, one or other of whose parents is an employed person         General; L. Hewlett, Administrator, for the Registrar, has given
      or is out of work, comes within the scope ratione personae of         a judgment on 6 December 2001, in which it has ruled:
      Regulation No 1408/71, as amended, as a member of the
      family of a worker within the meaning of Article 2(1) of
                                                                            Consideration of the question referred has not revealed any matter of
      Regulation No 1408/71, read in the light of Article 1(f)(i)
                                                                            such a nature as to affect the validity of Commission Regulation (EC)
      thereof.
                                                                            No 590/1999 of 18 March 1999 supplementing the Annex to
c)    Articles 73 and 74 of Regulation No 1408/71 are to be                 Regulation (EC) No 1107/96 on the registration of geographical
      construed as meaning that, where a minor child resides with the       indications and designations of origin under the procedure laid down
      parent who has custody in a Member State other than the               in Article 17 of Regulation (EEC) No 2081/92, in so far as it
      Member State providing the benefit, and where the other parent,       registers the designation ‘Spreewälder Gurken’.
      who is under an obligation to pay maintenance, works or is
      unemployed in the Member State providing the benefit, that            (1) OJ C 281 of 2.10.1999.
      child is entitled to receive a family benefit such as the advance
      on maintenance payments provided for by the Unterhaltsvor-
      schussgesetz.
(1) OJ C 265 of 18.9.1999.
                                                                                              JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                  JUDGMENT OF THE COURT
                                                                                                   of 27 November 2001
                           (Sixth Chamber)
                                                                                   in Case C-270/99 P: Z v European Parliament (1)
                         of 6 December 2001
                                                                            (Appeal — Officials — Disciplinary proceedings — Failure
in Case C-269/99 (reference for a preliminary ruling from                   to comply with the time-limits laid down in Article 7 of
the Landgericht Hamburg): Carl Kühne GmbH & Co. KG,                         Annex IX to the Staff Regulations of Officials of the
Rich. Hengstenberg GmbH & Co., Ernst Nowka GmbH &                                                 European Communities)
   Co. KG v Jütro Konservenfabrik GmbH & Co. KG (1)
                                                                                                       (2002/C 84/11)
(Agricultural products and foodstuffs — Geographical indi-
cations and designations of origin — Simplified registration
procedure — Protection of the designation ‘Spreewälder                                           (Language of the case: French)
                                Gurken’)
                                                                            (Provisional translation; the definitive translation will be published
                            (2002/C 84/10)                                                      in the European Court Reports)
                    (Language of the case: German)
                                                                            In Case C-270/99 P: Z, an official of the European Parliament,
(Provisional translation; the definitive translation will be published      residing in Brussels (Belgium), represented by J.-N. Louis,
                     in the European Court Reports)                         avocat, appeal against the judgment of the Court of First
                                                                            Instance of the European Communities (First Chamber) of
                                                                            4 May 1999 in Case T-242/97 Z v Parliament [1999] ECR
In Case C-269/99: reference to the Court under Article 234                  I-A-77 and II-401, seeking to have that judgment set aside in
EC from the Landgericht (Regional Court) Hamburg (Germany)                  so far as the Court of First Instance dismissed Z’s action against