Acórdão nº 083502 de Supremo Tribunal Administrativo (Portugal), 22 de Junho de 1993 (caso None)
Data | 22 Junho 1993 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL. DIR COM - SOC COMERCIAIS. DIR ADM. DIR CONST - DIR FUND. DIR COMUN. DIR ECON - DIR IND.
Legislação Nacional: CSC86 ART10. CPI40 ART1 ART78 PAR1 ART93 ART144 N5 N8 ART207 ART208 ART209. CPC67 ART3 N1 ART676 N1 ART684 ART690 ART729. DL 328/86 DE 1986/09/30 ART14 N2 N3 ART49 N1. CCIV66 ART9 N1. DL 27/84 DE 1984/01/18. CONST76 ART13 ART15 ART206 ART207 ART208. DRGU 8/89 DE 1989/03/21.
Legislação Comunitária: T CEE ART52 ART177 A B C. T CEEA ART150. T CECA ART41.
Jurisprudência Nacional: P PRG DE 1989/06/08 IN DR IIS DE 1989/09/05. AC RL DE 1988/10/27 IN CJ TIV ANOXIII PAG136.
Sumário : I - O mecanismo do reenvio prejudicial para o Tribunal de Justiça das Comunidades Europeias, cuja norma nuclear é o artigo 177 do Tratado CEE , permite nuns casos, e impõe noutros, que se peça uma decisão àquele Tribunal em qualquer destas hipóteses: a)- Interpretação do Direito Comunitário; b)- Validade e Interpretação de actos de Instituições comunitárias; c)- Interpretação dos estatutos de organismos criados por acto do Conselho, desde que tais estatutos o prevejam. II - Não há que proceder a esse reenvio prejudicial quando se trata de decidir acerca da viabilidade do nome de estabelecimento comercial, à luz do direito nacional. III - O nome de um estabelecimento comercial deve respeitar, entre outros princípios, e fundamentalmente, o da verdade e o da novidade ou exclusivismo. IV - A língua portuguesa, como elemento muito importante da cultura nacional, deve ser respeitada e defendida, mas sem confundir isso com hermetismo ou afastamento de um evolucionismo natural e enriquecedor. V - O artigo 144 n. 8 do Código da Propriedade Industrial de 40...
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