Here's an Opinion of Advocate General Philippe Léger (Case C-418/02, Praktiker Bau- und Heimwerkermärkte, 13 January 2005). This Opinion is available only in Spanish, Portuguese, Finnish, Swedish, Italian and German.
Once again, can some kind person PLEASE put the IPKat and his myriad readers out of their misery by telling them what the nice man said (he thinks it's something to do with service marks). Merpel adds, "it's enough to make a cat cry ..."
"Please tell us what the nice man said. We're sooooo curious ..."