Traduction de «pourvoi en révision » (Français → Anglais) :

6. Where an appeal before the General Court and an application for revision before the Tribunal concern the same decision of the Tribunal, the Tribunal may, after hearing the parties, stay the proceedings.

Faced with an appeal by the Verbraucherschutzverein on a point of law, the Bundesgerichtshof has decided to stay proceedings in order to ask the Court whether it is sufficient, for the prohibition in Article 13(2)(b) of the said regulation to be applicable that a word in a brand name used to describe the sparkling wine (in this case "Hochgewächs") may be confused with part of the description of a wine (in this case "Riesling-Hochgewächs") not used for constituting the cuvée of the sparkling wine, even if it is not the case that a substantial proportion of consumers form mistaken impressions as to the composition of the cuvée which influe ...[+++]nce their purchases, and there is no intent to deceive on the part of the owner of the brand

Aher-Waggon then claimed, in an application for review on a point of law before the Bundesverwaltungsgericht, that the refusal to grant it German registration was contrary to Community law.

It appealed on a point of law to the Bundesfinanzhof, which considered that Regulation No 2220/85 was applicable.

Silhouette appealed to the Oberster Gerichtshof on a point of law.

Where an appeal before the Court of Justice and an application for revision before the Court of First Instance concern the same judgment of the Court of First Instance, the Court of First Instance may, after hearing the parties, stay the proceedings until the Court of Justice has delivered its judgment.