6.8.2005

Official Journal of the European Union

C 193/20

Reference for a preliminary ruling from the Oberster Patent- und Markensenat by order of that adjudication body of 9 February 2005 in Armin Häupl v Lidl Stiftung & Co KG

(Case C-246/05)

(2005/C 193/32)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Oberster Patent- und Markensenat of 9 February 2005, received at the Court Registry on 10 June 2005, for a preliminary ruling in the proceedings between Armin Häupl and Lidl Stiftung & Co KG on the following questions:

1.	Is Article 10(1) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (1) to be interpreted as meaning that the ‘date of the completion of the registration procedure’ means the start of the period of protection?

Is Article 12(1) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks to be interpreted as meaning that there are proper reasons for non-use of a mark if the implementation of the corporate strategy being pursued by the trade mark proprietor is delayed for reasons outside the control of the undertaking, or is the trade mark proprietor obliged to change his corporate strategy in order to be able to use the mark in good time?

(1) OJ L 40, 11.02.1989, p. 1.