55In any event, as the intervener correctly observed at the hearing, the applicant may not base its line of argument on paragraph 34 of Praktiker Bau- und Heimwerkermärkte, paragraph 54 above. That case-law stems from the limited context of the reference for a preliminary ruling made by the Bundespatentgericht (Federal Patent Court), which asked the Court of Justice whether retail trade in goods constitutes a service within the meaning of Article 2 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1). The Court’s interpretation in that case cannot constitute an exhaustive definition of general scope of the concept of retail services.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.