Order of the Court (Third Chamber) of 17 July 2014 –
Honda Giken Kogyo Kabushiki Kaisha
(Case C‑535/13) 1(1)
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Trade marks — Right of the proprietor of a trade mark to oppose the placing on the market within the European Economic Area (EEA) of goods bearing that mark without his consent
Approximation of laws — Trade marks — Interpretation of Regulation No 40/94 and Directive 89/104 — Rights conferred by a trade mark — Right to oppose the initial placing into circulation within the European Economic Area of goods bearing that mark (Council Regulation No 40/94, Arts 9 and 13; Council Directive 89/104, Arts 5 and 7) (see paras 21-24, 27, operative part)
Operative part
Articles 5 and 7 of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, as amended by the Agreement on the European Economic Area of 2 May 1992, and Articles 9 and 13 of Regulation (EC) No 40/94 on the Community trade mark must be interpreted as meaning that the proprietor of a trade mark may oppose the initial placing on the market within the European Economic Area or the European Union of goods bearing that mark without his consent.
1 – OJ C 377, 21.12.2013.