26.4.2008

Official Journal of the European Union

C 107/12

(Case C-39/08)

(2008/C 107/18)

Language of the case: German

Referring court

Parties to the main proceedings

Questions referred

1.Does Article 3 of Directive 89/104/EEC of 21 December 1988 (1), which seeks to secure equality of opportunity in matters of competition, require that identical or similar applications be treated in the same way?

2.If the answer is ‘yes’, is the national court required to investigate specific indications of unequal treatment which distorts competition and, in so doing, to take account, in its analysis, of earlier decisions of the competent authority in similar cases?

3.If the answer is ‘yes’, is the national court required to take account of the prohibition of discrimination having the effect of distorting competition when interpreting and applying Article 3 of Directive 89/104 if it has established discrimination of that nature?

4.If Questions 1 to 3 are answered in the negative, in order to prevent distortion of competition, must it be possible under national legislation for the national authority to be placed under an obligation to initiate, of its own motion, an action for the annulment of trade marks which have previously been wrongly registered?

(1) OJ 1989 L 40, p. 1.