Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-12-13-Speech-3-261"
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"en.20001213.9.3-261"2
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".
Mr Berenguer Fuster’s question relates to trade marks. The Commission empathises with the situation Mr Berenguer Fuster has cited. This situation not only applies to Spain, but also to other Member States, such as France, Luxembourg, Italy and Greece. This is why the Commission contacted the Member States concerned prior to sending the reminder. Those contacts have been successful to the extent that, over the past year, another three Member States have submitted their lists with courts of first and second instance for the Community trade mark. Despite this, we are of the opinion that the situation, which has admittedly improved but is still unsatisfactory, cannot continue any longer. Accordingly, the Commission will take all measures which it deems necessary.
Paragraph 5 of Article 91 of the Community trade mark regulation stipulates that, as long as a Member State has not notified the Commission which courts of first and second instance are authorised, each procedure must be instituted at the judicial body of that Member State which is given absolute or relative powers. To prevent this provisional situation from turning into a permanent one, on 13 July of last year, the Commission reminded the Member States concerned in a letter, of their obligation to designate courts for the Community trade mark. Since then, those countries have still not notified the Commission that they have taken steps. Consequently, as the Commission has no information whatsoever on the basis of which it can conclude that these Member States have taken the necessary measures, it recently sent a written reminder to those countries. If the Member States do not respond to this reminder, or give an unsatisfactory response, the Commission, in accordance with Article 226 of the Treaty, can decide to open an infringement procedure on account of non-compliance with Community legislation."@en1
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