Judgment of the Court (First Chamber) of 12 January 2006.

EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 62004CJ0173 - EN - Judgment of the Court (First Chamber) of 12 January 2006. Deutsche SiSi-Werke GmbH & Co. Betriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). Appeal - Community trade mark - Article 7(1)(b) of Regulation (EC) No 40/94 - Three-dimensional shapes of stand-up pouches for fruit drinks and fruit juices - Absolute ground for refusal - Distinctive character. Case C-173/04 P.

On those grounds, the Court (First Chamber) hereby:

JUDGMENT OF THE COURT (First Chamber)

Unlike in Article 61 of the Statute, which addresses the appeal against decisions of the Court of First Instance to the Court of Justice on points of law stating that the Court of Justice may give final judgment where the state of proceedings so permits or otherwise refer the case back to the Court of First Instance, the present Article states the rule that the Court of First Instance in patent appeal proceedings shall decide the case.

Whereas under Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (4), as amended by Decision 93/350/Euratom, ECSC, EEC of 8 June 1993 (5), that Court shall exercise at the first instance the jurisdiction conferred on the Court of Justice by the Treaties establishing the Communities - with particular regard to appeals lodged under the second subparagraph of Article 173 of the EC Treaty - and by the acts adopted in implementation thereof, save as otherwise provided in an act setting up a body governed by Community law; whereas the jurisdiction which this Regulation confers on the Court of Justice to cancel and reform decisions of the appeal ...[+++]courts shall accordingly be exercised at the first instance by the Court in accordance with the above Decision;