On Febuary 12, European Court of Justice announced first verdict (case C-93/08) in prejudicial question asked by Latvian court about interpretation of rights of European Community. Paragraph 234 of agreement of foundation of European Community states rights of courts of memberstates to ask ECJ questions about interpretation of such legal standards of European Community, application of which seems unclear for them..

Question to ECJ was asked by the Department of Administrative Cases of the Senate of the Supreme Court of Republic of Latvia, while reviewing controversion between custom broker „Schenker” Ltd. and State Income Service (SIS). Representatives of parliaments of Latvia, Czech Republic, Greece and Finland, and representatives of the Commission of EU also expressed their considerations in this case.

In the base of the case there is resolution of SIS about imposing of administrative penalty on custom broker for applying custom procedures for goods that breach intellectual property rights, it is, counterfeit goods, synchronously destroying these goods on a basis of agreement between trademark holder „Nokia Corporation” and consignee of goods „Rovens” Ltd.

ECJ in its verdict supported position of SIS and Latvian state, according to which Custom Regula Nr. 1383/2003 must be interpreted in a way that memberstates in any case have rights to punish guilty party additionaly to destroy of counterfeit goods, because destroying itself is not a punishment. ECJ comes to such a conclusion, while having also established, that import of such goods that breach intellectual property rights, it is, counterfeit goods, to custom territory of Community must be prohibited and memberstates can apply effective, commensurate and preventive penalties.

Division of Public Relations of Ministry of Justice informs, that two more applications about prejudicial decisions submitted by Latvian courts are in the process of reviewing in ECJ (case C-16/08 and case C-472/08).

 

Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211