Judgment_paragraph 46 · Develey Holding GmbH & Co. Beteiligungs KG v European Union Intellectual Property Office (C-238/06 P)

46Develey submits further that the Court of First Instance's reasoning in relation to what guides consumers in making their choice is contrary to that Court's case-law (Case T-305/02 Nestlé Waters France v OHIM (Shape of a bottle) [2003] ECR II-5207, paragraph 34, and Case T-393/02 Henkel v OHIM (Shape of a white and transparent bottle) [2004] ECR II-4115, paragraph 34). The use of a shape as an indication of the origin of a product has more importance, because consumers make a preliminary choice on the basis of the shape of the packaging and only thereafter study the label.