Tag: European

Fernandez Gomez v Commission: ECFI 16 Sep 2003

(Order)

Citations:

T-272/03, [2003] EUECJ T-272/03

Links:

Bailii

Jurisdiction:

European

Cited by:

Order – Fernandez Gomez v Commission ECJ 13-Sep-2005
Civil service – Temporary staff member – Article 2 (a) of the CEOS – Admissibility – Confirmatory act – Limitation of the duration of the contract – Possibility of renewal – Anti-accumulation rule – Period completed as seconded national expert – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 08 June 2022; Ref: scu.190071

Commission v France C-122/03: ECJ 11 Dec 2003

ECJ (Judgment) Failure of a Member State to fulfil its obligations – Measures having equivalent effect – Importers and distributors of medicinal products – Submission of a certified copy or a document attesting to the holding of a marketing authorisation.

Citations:

[2003] EUECJ C-122/03

Links:

Bailii

Jurisdiction:

European

European

Updated: 08 June 2022; Ref: scu.190080

Clotuche v Commission T-339/03: ECFI 25 Nov 2003

(Order)

Citations:

T-339/03, [2003] EUECJ T-339/03

Links:

Bailii

Jurisdiction:

European

Cited by:

Order – Clotuche v Commission T-339/03 ECJ 7-Feb-2007
Official’s Reallocation of a Director as Senior Adviser Interest of the Service Equivalence of Employment Reorganization of Eurostat Action for annulment Action for damages . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 08 June 2022; Ref: scu.189909

Compassion in World Farming Ltd v Secretary of State for the Environment, Food and Rural Affairs: Admn 27 Nov 2003

The Directive sought to provide welfare protection for battery chickens. The applicant complained that the farming techniques which restricted diet in order to encourage fast growth would have been prevented if the respondent had properly implemented the Directive in its Code under the 1968 Act, and in the 2000 Regulations. They said that the Directive required the respondent to control compliance through criminal sanctions. The respondent had adopted a scheme of only civil enforcement.
Held: The obligations were expressed in a general fashion, which was to be taken to allow the respondent a discretion as to how the objectives could be achieved. The objectives of the Directive were not to be confused with the means of attaining them. The respondent was entitled to conclude that a criminal code might be counter-productive.

Judges:

Newman J

Citations:

[2003] EWHC 2850 (Admin), Times 05-Dec-2003

Links:

Bailii

Statutes:

Council Directive 98/58/EC, Agriculture (Miscellaneous Provisions) Act 1968 2, Welfare of Farmed Animals (England) Regulations 2000

Citing:

See Also – Regina v Minister of Agriculture Fisheries and Food, ex parte Compassion In World Farming Ltd ECJ 19-Mar-1998
Restrictions of export of live animals were unsupportable under the Treaty. The justification for the rules which was that the action of exporting live animals was contrary to public morals, or for the protection of the animals was insufficient.

Cited by:

Appeal from – Regina on the Application of Compassion In World Farming Limited v The Secretary of State for the Environment, Food and Rural Affairs CA 29-Jul-2004
The claimants challenged regulations as to animal welfare, saying that they allowed farmers to use practices which did not protect animal welfare.
Held: It was not unlawful to adopt a policy of not prosecuting farmers for practices which would . .
Lists of cited by and citing cases may be incomplete.

Agriculture, European, Animals

Updated: 08 June 2022; Ref: scu.188324

Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003

The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term.
Held: The regulations provided that compensation was payable also where the agency simply expired by effluxion. ‘termination having been given a wide meaning under Regulation 17, a principal can be regarded under Regulation 18(a) as having terminated an agency contract when he fails to renew it. ‘

Judges:

Lord Justice Schiemann, Lord Justice Rix

Citations:

[2003] EWCA Civ 1349, [2004] Eu LR 664

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993, Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17

Jurisdiction:

England and Wales

Citing:

Cited – Moore v Piretta Pta Ltd QBD 11-May-1998
M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the . .

Cited by:

Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Lists of cited by and citing cases may be incomplete.

Agency, European

Updated: 08 June 2022; Ref: scu.187103

Light and Others v Ty Europe Ltd: CA 25 Jul 2003

The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated.
Held: In addition to the question of whether they were agents within the directive, a claimant also had to have a contractual relationship. That did not apply here, and the claims failed.

Judges:

Ward, Tuckey LJJ, Lightman J

Citations:

Times 21-Aug-2003, [2003] EWCA Civ 1238, Gazette 02-Oct-2003, [2003] EuLR 858

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 (1993 No 3173) 2(1)

Jurisdiction:

England and Wales

Citing:

Adopted – Tigana Ltd v Decoro Ltd QBD 3-Feb-2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather . .

Cited by:

Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Lists of cited by and citing cases may be incomplete.

European, Agency

Updated: 08 June 2022; Ref: scu.186034

Gallagher v Kleinwort Benson (Trustees) Limited and others: SCS 12 Mar 2003

Judges:

Lord Reed

Citations:

[2003] ScotCS 66, 2003 SCLR 384

Links:

Bailii

Statutes:

Framework Directive (89/31)

Jurisdiction:

Scotland

Cited by:

Cited – Munro v Aberdeen City Council SCS 17-Sep-2009
Safety Duty on Employer was not Absolute
The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order . .
Lists of cited by and citing cases may be incomplete.

European, Health and Safety

Updated: 07 June 2022; Ref: scu.183992

Consorzio del Prosciutto di Parma and Salumificio S Rita SpA v Asda Stores Ltd and Hygrade Foods Ltd: ECJ 20 May 2003

Europa Reference for a preliminary ruling: House of Lords – United Kingdom. Protected designations of origin – Regulation (EEC) No 2081/92 – Regulation (EC) No 1107/96 – Prosciutto di Parma – Specification – Requirement for ham to be sliced and packaged in the region of production – Articles 29 EC and 30 EC – Justification – Whether requirement may be relied on against third parties – Legal certainty – Publicity.
The court considered whether ham which had been produced in Parma, but sliced and packaged elsewhere coud still use the restricted designation of origin ‘Parma Ham’
Held: The restriction on the designation to include only ham sliced and packaged in Parma was indeed a restriction on trade (29), but was justified (30). The regulation allowed the conditions of designation to be set by the national authorities. The conditions here included conditions as to the place where the ham was sliced and packaged. When the new regulations came in, existing designations were passported under a simplified procedure which did not sufficiently clearly set out the conditions attached, and therefore in this case those conditions had not been sufficiently well advertised to attain the necessary legal certainty.

Citations:

C-108/01, Times 28-May-2003, [2003] EUECJ C-108/01

Links:

Bailii

Statutes:

EC Treaty 29 30

Jurisdiction:

European

Citing:

Reference From – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .

Cited by:

Returned Reference – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 31-Jul-2003
Judgment on return from Court of Justice of the European Communities – no Opinions. . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 07 June 2022; Ref: scu.182717

Scott SA v Commission: ECFI 10 Apr 2003

Judgment – Action for annulment – State aid – Regulation (EC) No 659/1999 – Article 15 – Limitation period – Recovery of aid – Act interrupting the limitation period.

Citations:

T-366/00, [2003] EUECJ T-366/00, [2004] All ER (EC) 473

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Scott SA v Commission ECJ 29-Mar-2007
ECJ State aid – Land sale price – Decision ordering the recovery of aid incompatible with the common market – Errors in the calculation of the aid – Obligations of the Commission with regard to the calculation of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 07 June 2022; Ref: scu.180829

Wermuth v Wermuth: CA 4 Feb 2003

The husband had commenced proceedings for divorce in Germany. The husband was German, and the wife became German upon the marriage, but they had lived in London. The wife was second to issue, beginning proceedings in London. The district judge recorded the parties’ agreement that the German court should be seized, save of article 12 matters. The wife obtained an ancillary relief maintenance order, which the husband now appealed.
Held: The maintenance order was an unwarranted invasion of the jurisdiction of the German court. It was not protective, and nor was the case urgent. Brussels II has no direct application to ancillary relief claims. It was wrong for an English court to seek to usurp the Convention. Substantial sums had been spent on legal costs unnecessarily in London.

Judges:

Thorpe, Latham, LJJ, Lawrence Collins J

Citations:

Times 07-Feb-2003, [2003] EWCA Civ 50, [2003] 1 WLR 942

Links:

Bailii

Statutes:

Council Regulation No 1347/2000/EC (OJ 2000 L160/19) 12

Jurisdiction:

England and Wales

Family, Jurisdiction, European

Updated: 07 June 2022; Ref: scu.179018

Sieckmann v Deutsches Patent- und Markenamt: ECJ 12 Dec 2002

(Judgment)A graphic representation within article 2 had to enable the sign to be represented visually, and the representation clear and precise, self-contained, easily accessible, intelligible, durable and objective to be registered as a trade mark.
‘the essential function of a trade mark is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish that product or service from others which have another origin and that, for the trade mark to be able to fulfil its essential role in the system of undistorted competition which the EC Treaty seeks to establish, it must offer a guarantee that all the goods or services bearing it have been manufactured or supplied under the control of a single undertaking which is responsible for their quality.’

Citations:

C-273/00, Times 27-Dec-2002, [2002] EUECJ C-273/00, [2003] RPC 38

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Libertel Groep BV v Benelux-Merkenbureau (Judgment) ECJ 6-May-2003
Though a sufficiently distinctive colour was capable of being registered as a trade mark, the court must be careful not to allow registrations in such a manner as unduly to restrict the range of colours available to traders. A sample of a colour had . .
Cited – D Jacobson and Sons Ltd v Globe Gb Ltd Globe Europe Sas Chd 25-Jan-2008
The claimant alleged infringement by the defendants of its ‘Gola’ trade mark designs. The defendant said the registration was invalid because the stripes on the shoes were not distincive being seen as part of the design of the shoe rather than as an . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 06 June 2022; Ref: scu.178717

Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002

The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid.
Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. Where however the Directive sought to have effect on sales outside the Community, it was not properly based, and was invalid.
Where EU legislative or administrative institutions exercise a discretion involving political, economic or social choices, especially where a complex assessment is required, the court will usually intervene only if it considers that the measure is manifestly inappropriate: ‘As a preliminary point, it ought to be borne in mind that the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions should be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it . .
With regard to judicial review of the conditions referred to in the previous paragraph, the Community legislature must be allowed a broad discretion in an area such as that involved in the present case, which entails political, economic and social choices on its part, and in which it is called upon to undertake complex assessments. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue.’

Judges:

G.C. Rodriguez Iglesias, P

Citations:

Times 13-Dec-2002, C-491/01, [2002] EUECJ C-491/01, ECLI:EU:C:2002:741, [2002] ECR I-11453

Links:

Bailii

Statutes:

Directive 2001/37/EC on the approximation of laws concerning the manufacture, presentation and sale of tobacco (OJ 2001 L184, p26)

Jurisdiction:

European

Cited by:

Cited – Durant v Financial Services Authority CA 8-Dec-2003
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his . .
Cited – Lumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 06 June 2022; Ref: scu.178735

Lankhorst-Hohorst GmbH v Finanzamt Steinfurt: ECJ 12 Dec 2002

German law taxed interest paid on loan repayments made by a company against a loan from a shareholder, but only where the shareholder was not resident in the same country as the company. The tax authority took the view that the payments were a equivalent to a covert distribution of profits.
Held: This was discriminatory, and offended the principal of freedom of establishment. It was wrong to compare the position of a company trading for profit with corporations exempt from corporation tax. Reduction in tax revenue is not an overriding reason in the public interest capable of justifying a measure contravening a fundamental principle.

Judges:

Wathelet, President, Timmermans, Edward, Jann and Rosas JJ

Citations:

Times 27-Dec-2002, C-324/00, [2002] EUECJ C-324/00, [2002] ECR I-11779, [2003] STC 607

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Foulser and Another v HM Inspector of Taxes ChD 20-Dec-2005
The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief.
Held: The scheme failed. The restriction imposed did not infringe the right of . .
Lists of cited by and citing cases may be incomplete.

European, Corporation Tax, Company

Updated: 06 June 2022; Ref: scu.178612

Aktionsgemeinschaft Recht und Eigentum v Commission: ECFI 5 Dec 2002

ECJ State aid – Scheme for the acquisition of agricultural and forestry land in the former German Democratic Republic – Failure to initiate the formal review procedure provided for in Article 88(2) EC – System of aid – Action for annulment – Association – Admissibility.

Citations:

T-114/00, [2002] EUECJ T-114/00

Links:

Bailii

European

Updated: 06 June 2022; Ref: scu.178575

Overland Footwear Ltd v Commissioners of Customs and Excise: ECJ 5 Dec 2002

ECJ Reference for a preliminary ruling: VAT and Duties Tribunal, London – United Kingdom. Customs Code – Customs value of imported goods – Price of goods and buying commission – Reimbursement of duty payable on full amount

Citations:

C-379/00, [2002] EUECJ C-379/00

Links:

Bailii

European, VAT

Updated: 06 June 2022; Ref: scu.178418

Kurz (ne Yuce) v Land Baden-Wurttemberg: ECJ 19 Nov 2002

ECJ EEC-Turkey Association Agreement – Freedom of movement for workers – Article 6(1) of Decision No 1/80 of the Association Council – Scope – Registration as duly belonging to the labour force of a Member State – Turkish national pursuing gainful activity in the course of vocational training – Effects of an expulsion order.

Citations:

C-188/00, [2002] EUECJ C-188/00, [2002] ECR I-10691

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Jivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Cited – Clyde and Co Llp and Another v Bates van Winkelhof CA 26-Sep-2012
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 06 June 2022; Ref: scu.178307

Matratzen Concord v OHMI: ECFI 23 Oct 2002

ECJ Community trade mark – Opposition – Relative grounds for refusal – Similarity between two trade marks – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Application for a figurative Community trade mark containing the word ‘Matratzen’ – Earlier word trade mark MATRATZEN.
Case T-6/01.
‘In this context, the Court of Justice has held that the assessment of the similarity between the two marks must be based on the overall impression created by them, in light, in particular, of their distinctive and dominant components . . Consequently, it must be held that a complex trade mark cannot be regarded as being similar to another trade mark which is identical or similar to one of the components of the complex mark, unless that component forms the dominant element within the overall impression created by the complex mark. That is the case where that component is likely to dominate, by itself, the image of that mark which the relevant public keeps in mind, with the result that all other components of the mark are negligible with the overall impression created by it . . Wiith regard to the assessment of the dominant character of one or more components of a complex trade mark, account must be taken, in particular, of the intrinsic qualities of each of those components by comparing them with those of the other components. In addition and accessorily, account may be taken of the relative position of the various marks within the arrangement of the complex mark.’

Citations:

T-6/01, [2002] EUECJ T-6/01

Links:

Bailii

Cited by:

See Also – Matratzen Concord v OHMI (Order) ECJ 28-Apr-2004
. .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 06 June 2022; Ref: scu.177924

D’Hoop v Office National de l’Emploi: ECJ 11 Jul 2002

Europa Citizenship of the Union – Principle of non-discrimination – National legislation granting the right to tideover allowances to its nationals only on condition that they have completed their secondary education in an educational establishment in their own Member State – National seeking first employment having completed her secondary education in an educational establishment in another Member State.

Citations:

[2003] All ER (EC) 527, [2002] EUECJ C-224/98, C-224/98, [2002] ECR I-6191

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 06 June 2022; Ref: scu.174731

Rudolf Gabriel: ECJ 11 Jul 2002

Europa Brussels Convention – Request for interpretation of Articles 5(1) and (3) and 13, first paragraph, point 3 – Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial proceedings, of the prize which he has apparently won – Classification – Action of a contractual nature covered by Article 13, first paragraph, point 3 – Conditions.

Citations:

C-96/00, [2002] EUECJ C-96/00

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 June 2022; Ref: scu.174365

Koninklijke Philips Electronics NV v Remington Consumer Products Ltd: ECJ 18 Jun 2002

The claimant developed a three headed rotary razor for men. They obtained registration of the arrangement as a trade mark. They sued the defendant for infringement, and the defendant countered challenging the validity of the registration, saying the design was functional.
Held: A sign consisting exclusively of a product’s shape was unregistrable, if it was established that the essential functional features of that shape were attributable only to the technical result. Additional embellishments did not make it registerable, and the existence of alternate ways of achieving the same technical result did not allow registration. The court accepted that art.3(1)(a) imports both limbs of art.2. Distinctiveness is, therefore, an issue under both art.3(1)(a) and art.3(1)(b). Only a single question is posed in relation to distinctiveness of origin, which is whether the sign is capable of distinguishing the goods of one undertaking from those of another in the mind of the consumer, and a positive conclusion (albeit at that level of identification) is required.

Judges:

GC Rodriguez Iglesias, P. Jann, F. Macken, N. Colneric, S. von Bahr, C. Gulmann, D. A. O. Edward, A. La Pergola, J.-P. Puissochet, J. N. Cunha Rodrigues etc

Citations:

Times 20-Jun-2002, C-299/99, [2002] ETMR 955, [2002] EUECJ C-299/99, [2003] Ch 159, [2003] RPC 2

Links:

Bailii

Statutes:

Council Directive 89/104/EEC of December 21, 1988 to approximate the laws of the member states relating to trade marks 2 3(1)(a) 3(1)(b)

Jurisdiction:

European

Citing:

Reference from – Philips Electronics Nv v Remington Consumer Products Limited CA 5-May-1999
The court referred to the European Court of Justice the question of whether the arrangement of three heads on a razor was functional, and so was not capable of protection as a trade mark. . .
See Also – Koninklijke Philips Electronics NV v Remington Consumer Products Ltd and Another ChD 21-Oct-2004
The claimant alleged infringement of its trade mark. It registered a two dimensional mark which represented its razor which had three rotary blades on the head of the razor. The defendant manufactured and sold a similar design, and counterclaimed . .

Cited by:

Cited – David West Trading As Eastenders v Fuller Smith and Turner Plc CA 31-Jan-2003
The appellant sought a declaration of invalidity as regards the defendant’s registered mark ‘ESB’. It was claimed to have come to be used as a general designation of certain kinds of beer.
Held: The Philips decision appeared to supercede the . .
Referred to – Philips Electronics Nv v Remington Consumer Products Limited CA 5-May-1999
The court referred to the European Court of Justice the question of whether the arrangement of three heads on a razor was functional, and so was not capable of protection as a trade mark. . .
Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Cited – Dyson Limited v The Registrar of Trade Marks ChD 15-May-2003
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given . .
Cited – Nichols plc v Registrar of Trade Marks ECJ 16-Sep-2004
The applicant sought to register the name ‘Nichols’ as a trade mark for food and drink vending machines. The application was rejected as being common. The registrar had checked in the London telephone directory and discovered that the name appeared . .
Cited – Koninklijke Philips Electronics NV v Remington Consumer Products Ltd and Another ChD 21-Oct-2004
The claimant alleged infringement of its trade mark. It registered a two dimensional mark which represented its razor which had three rotary blades on the head of the razor. The defendant manufactured and sold a similar design, and counterclaimed . .
Cited – Koninklijke Philips Electronics Nv v Remington Consumer Products Ltd and Another CA 26-Jan-2006
The court was asked whether a trade mark consisting of the shape of goods (a three headed rotary electric shaver) could be valid. In earlier proceedings a representation had been found incapable of registration representing only the function of the . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 06 June 2022; Ref: scu.174036

Reynolds v Parliament: ECFI 23 Jan 2002

ECJ 1. Officials – Secondment in the interests of the service – Power of the appointing authority to terminate prematurely – Existence – Conditions
(Staff Regulations, Arts 37, first para. (a), and 38(b))
2. Officials – Secondment in the interests of the service – Request to terminate prematurely by the service to which seconded – Discretion of the appointing authority – Scope
(Staff Regulations, Art. 38)
3. Officials – Secondment in the interests of the service – Decision terminating prematurely – Respect for the rights of the defence – Obligation to hear person concerned before adopting decision which must be observed even in the absence of an express provision – Limits
(Staff Regulations, Art. 38)v4. Officials – Decision having an adverse effect – Obligation to hear person concerned before adopting decision – Failure to observe – Irregularity having a particular impact on the content of the decision – Infringement of the rights of the defence – Judicial review – Scope
5. Officials – Actions – Actions for compensation brought without a pre-litigation procedure consistent with the Staff Regulations – Inadmissible
(Staff Regulations, Arts 90 and 91)

Citations:

T-237/00, [2002] EUECJ T-237/00

Links:

Bailii

European

Updated: 06 June 2022; Ref: scu.173878

Mag Instrument v OHMI: ECFI 7 Feb 2002

1. Article 7(1)(b) of Regulation No 40/94 on the Community trade mark, under which marks which are devoid of any distinctive character are to be refused registration, draws no distinction between different categories of mark. Accordingly, it is not appropriate to apply more stringent criteria or impose stricter requirements when assessing the distinctiveness of three-dimensional marks comprising the shape of the goods themselves than are applied or imposed in the case of other categories of mark. In order to assess a mark’s distinctiveness, it is necessary to take account of all relevant elements linked to the specific circumstances of the case and one such element is the fact that it cannot be excluded that the nature of the mark in respect of which registration is sought might influence the perception which the targeted public will have of the mark.
The distinctiveness requirements applicable to three-dimensional marks comprising the shape of the goods cannot be less strict than those applicable to word marks, since consumers are more accustomed to directing their attention to the latter.
2. The three-dimensional marks consisting of cylindrical torch shapes in respect of which registration was sought for apparatus for lighting and accessories for such apparatus are devoid of any distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94 on the Community trade mark, since a cylinder is a common shape for a torch which corresponds to shapes commonly used by other torch manufacturers on the market and thus, rather than enabling the product to be differentiated and linked to a specific commercial source, gives the consumer an indication as to the nature of the product. Moreover, the aesthetic qualities and the unusually original design of the shapes claimed as marks appear, as a result of those features, as variants of a common torch shape rather than as shapes capable of differentiating the goods and indicating, on their own, a given commercial origin.

Citations:

T-88/00, [2002] EUECJ T-88/00

Links:

Bailii

Jurisdiction:

European

European, Intellectual Property

Updated: 06 June 2022; Ref: scu.173812

Kuijer v Council: ECFI 6 Apr 2000

Transparency – Council Decision 93/731/EC on public access to Council documents – Refusal of an application for access – Protection of the public interest – International relations – Obligation to state reasons – Partial access.

Citations:

T-188/98, [2000] EUECJ T-188/98

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 June 2022; Ref: scu.173589

Hewlett Packard France and Hewlett-Packard Europe v Commission: ECFI 13 Feb 2001

ECJ Common Customs Tariff – Tariff headings – Machines designed to transmit data within local area computer networks – Machines not performing a specific function within the meaning of Note 5(E)to Chapter 84 of the Combined Nomenclature – Classification in heading 8471 of the Combined Nomenclature.

Citations:

T-133/98, [2001] EUECJ T-133/98

Links:

Bailii

Jurisdiction:

European

European

Updated: 06 June 2022; Ref: scu.173558

Steffens v Council and Commission: ECFI 25 Nov 1998

ECJ The limitation period laid down in Article 43 of the Statute of the Court of Justice in respect of actions brought against the Community in matters concerning non-contractual liability cannot begin to run before all the requirements governing the obligation to make good the damage are satisfied and, in particular, in cases in which liability stems from a legislative measure, before the injurious effects of the measure have been produced.
As regards the injury suffered by producers of milk and milk products who, following their entry into non-marketing or conversion undertakings under Regulation No 1078/77, were unable by operation of Regulation No 857/84 to obtain a reference quantity or, consequently, to market any quantity of milk exempt from the additional levy, the limitation period started to run on the date on which, following the expiry of their non-marketing undertaking, the producers concerned could have resumed deliveries of milk if they had not been refused a reference quantity; that is to say, in cases where the undertaking expired before the date on which Regulation No 857/84 entered into force, time started to run on that date.
Moreover, since the damage was not caused instantaneously but continued to be sustained from day to day for a certain period as a result of the maintenance in force of an illegal measure, the time-bar under Article 43 of the Statute applies, with respect to the date of the event which interrupted the limitation period, to the period more than five years prior to that date and does not affect rights which arose during subsequent periods.
So far as regards, specifically, the notion of an event which interrupts a limitation period, the waiver of the right to plead limitation – provided for by the Communication of the Council and the Commission concerning the subsequent adoption of Regulation No 2187/93 which provided for an offer of compensation to the producers concerned – does not constitute such an event. The Communication merely provided for a self-imposed restriction of the right to plead limitation. The producers were able to rely on that waiver in the circumstances referred to in Regulation No 2187/93, since it ceased to have effect at the end of the period allowed for accepting the compensation offer, from which time, in the absence of acceptance of the offer or commencement of proceedings, the institutions once again became entitled to plead limitation.

Citations:

T-222/97, [1998] EUECJ T-222/97

Links:

Bailii

European, Limitation

Updated: 06 June 2022; Ref: scu.173413

Region Wallonne v Commission: ECFI 29 Sep 1997

ECFI A federal regional authority is not entitled to bring an action seeking annulment of a decision adopted under the ECSC Treaty since such authorities are not referred to by Article 33 of the ECSC Treaty, which provides an exhaustive list of the persons entitled to bring an action for annulment, and Article 173 of the EC Treaty cannot apply to such an action.

Citations:

[1997] EUECJ T-70/97

Links:

Bailii

Statutes:

ECSC Treaty 33

European

Updated: 06 June 2022; Ref: scu.173343

British Shoe and others v Commission: ECFI 30 Jun 1998

ECJ Dumping – Textile footwear originating in the People’s Republic of China and Indonesia – Commission Regulation imposing a provisional anti-dumping duty – Action for annulment – Subsequent regulation imposing a definitive anti-dumping duty – No need to adjudicate.

Citations:

[1998] EUECJ T-73/97

Links:

Bailii

European, Commercial

Updated: 06 June 2022; Ref: scu.173345

Biscuiterie confiserie LOR and Confiserie du Tech v Commission: ECFI 26 Mar 1999

ECJ Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation concerning the registration of geographical indications and designations of origin under the procedure provided for in Article 17 of Regulation No 2081/92 – Action brought by producers of `tourons’ – Inadmissible
(EC Treaty, Arts 173, fourth para., and 189, fourth para.; Council Regulation No 2081/92; Commission Regulation No 1107/96)
The action brought by `touron’ producers established in France for annulment of Regulation No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation No 2081/92 in so far as it registers the names `Jijona’ and `Turron de Alicante’ as protected geographical indications, is inadmissible.
Regulation No 1107/96 is, by nature and by virtue of its sphere of application, of a legislative nature and does not constitute a decision within the meaning of the fourth paragraph of Article 189 of the Treaty, since it applies to objectively determined situations and produces its legal effects with respect to categories of persons envisaged in the abstract, in conferring on any undertaking whose products fulfil the prescribed geographical and qualitative requirements the right to market them under one of the names specified, and in denying that right to any undertaking whose products do not fulfil those conditions.
Although it is conceivable that, in certain circumstances, even a legislative measure applying to traders in general may be of individual concern to particular traders, that is not the position in the present case. The mere fact that the undertakings have used names such as `Jijona’ or `Alicante’ for the marketing of the `tourons’ that they produce is not sufficient to distinguish them in the absence of any other evidence enabling it to be established that such use stems from a similar specific right which they acquired at national or Community level before the adoption of the contested regulation and which has been adversely affected by that regulation.

Citations:

T-114/96, [1999] EUECJ T-114/96

Links:

Bailii

European

Updated: 06 June 2022; Ref: scu.173244