Carl Kühne GmbH & Co. KG and Others v Jütro Konservenfabrik GmbH & Co. KG (C-269/99)

Judgment of 6 Dec 2001

law://eu/cjeu/1999/c-269-99/para_58@2026-11-13

58It is, therefore, for the national courts to rule on the lawfulness of an application for registration of a designation, such as that at issue in this case, on the same terms as those by which they review any definitive measure adopted by the same national authority which is capable of adversely affecting the rights of third parties under Community law, and, consequently, to regard an action brought for that purpose as admissible, even if the domestic rules of procedure do not provide for this in such a case (see, to that effect, Oleificio Borelli v Commission, paragraph 13).

Carl Kühne GmbH & Co. KG and Others v Jütro Konservenfabrik GmbH & Co. KG (C-269/99)

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