WRITTEN QUESTION No. 737/98 by Werner LANGEN to the Commission. EU trade mark directive
Date: 1998-03-02
Institutions: European Parliament, LANGEN
Subjects: EC Directive, brand name, commercial law, consumer protection, free movement of goods, restriction on competition, selling price, trade-mark law, trading operation

2. 10. 98

EN

Official Journal of the European Communities

C 304/153

Answer given by Mrs Wulf-Mathies on behalf of the Commission

(30 March 1998)

The application for part-financing from the Cohesion Fund for the project for cleaning up the catchment area of
the Rivers Lis and Sei(cid:231)a is still being examined. However, the amount requested greatly exceeds that available
from the Cohesion Fund for Portugal until 1999. A final decision on the project will therefore have to await the
drawing up of priorities for the Cohesion Fund in agreement with the Portuguese authorities.

(98/C 304/232)

WRITTEN QUESTION P-0737/98

by Werner Langen (PPE) to the Commission

(2 March 1998)

Subject: EU trade mark directive

The EU(cid:146)s trade mark directive creates special legal protection for the producers of branded articles, permitting
them to keep the prices of their products artificially high. This rule seems very questionable in commercial law,
since it places the protection of branded article producers above international conventions and agreements. This
restricts the free movement of goods and acts against the interests of the consumer, who must ultimately pay the
inflated price. In view of the above:

1.
In  the  Commission(cid:146)s  view,  what  are  the  consequences  for  competition  and  consumer  policy  of  the
restriction of free movement of goods as a result of the transposition of the EU trade mark directive in 1995, and
how does it justify the de facto dominance of the interests of branded goods producers over those of free world
trade and the consumer?

2. What  information  does  the  Commission  possess  about  the  extent  to  which  the  EU  trade  mark  directive
prevents the import of branded products at lower prices, and what effects has the directive had since its entry into
force on the level of sales prices for branded articles on international markets?

3. What information does the Commission possess about the practical application of the trade mark directive
in  the  Member  States  of  the  European  Union,  and  can  it  confirm  that  a  court  in  Belgium,  for  example,  has
condemned as an abuse of the directive its application for the purpose of preventing parallel imports?

Answer given by Mr Monti on behalf of the Commission

(8 April 1998)

The Commission is conducting a detailed investigation of the problem raised by the Honourable Member and
will inform him of the outcome as soon as possible.

(98/C 304/233)

WRITTEN QUESTION E-0743/98

by Richard Corbett (PSE) to the Council

(16 March 1998)

Subject: Law and order among tourists

As part of its work on Justice and Home Affairs, has the Council discussed the proper enforcement of law and
order when incidents arise between or among tourists visiting another Member State?

Does the Council agree that incidents such as violent assaults by one tourist on another should be dealt with by
appropriate action, including prosecution, rather than by simply deporting the offender without taking any action
or even by allowing tour operators to relocate offenders in another tourist location?