Judgment of the Court of 12 November 2002 in Case C-206/01 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division): Arsenal Football Club plc v Matthew Reed (Approximation of laws — Trade marks — Directive 89/104/EEC — Article 5(1)(a) — Scope of the proprietor's exclusive right to the trade mark)
Date: 2002-12-21
Institutions: Court of Justice
Subjects: brand name, interpretation of the law, trade-mark law

C 323/22

EN

Official Journal of the European Communities

21.12.2002

C.W.A. Timmermans (Rapporteur), President of the Chamber,
D.A.O. Edward and S. von Bahr, Judges; F.G. Jacobs, Advocate
General; R. Grass, Registrar, has given a judgment on 7 Novem-
ber 2002, in which it:

1. Dismisses the appeal;

2. Orders Mr Hirschfeldt to pay the costs.

( 1) OJ C 200 of 14.7.2001.

party uses in the course of trade a sign which is identical to a validly
registered trade mark on goods which are identical to those for which
it is registered, the trade mark proprietor of the mark is entitled, in
circumstances such as those in the present case, to rely on Article
5(1)(a) of that directive to prevent that use. It is immaterial that, in
the context of that use, the sign is perceived as a badge of support for
or loyalty or affiliation to the trade mark proprietor.

(1) OJ C 212 of 28.7.2001.

JUDGMENT OF THE COURT

of 12 November 2002

in Case C-206/01 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales), Chancery
Division): Arsenal Football Club plc v Matthew Reed (1)

(Approximation of laws — Trade marks — Directive 89/
104/EEC — Article 5(1)(a) — Scope of the proprietor’s
exclusive right to the trade mark)

(2002/C 323/29)

(Language of the case: English)

JUDGMENT OF THE COURT

(Second Chamber)

of 7 November 2002

In Joined Cases C-228/01 and C-289/01 (Reference for a
preliminary ruling from the tribunal de grande instance
de Dax): Jacques Bourrasse and Jean-Marie Perchicot (1)

(Transport— Directive 84/647/EEC — Use of vehicles hired
without drivers for the carriage of goods by road —
Registration of hired vehicles — Hired vehicles operating
under Community authorisation — Regulation (EEC)
No 881/92 — Management of tachograph discs of hired
vehicles — Regulation (EEC) No 3821/85)

(2002/C 323/30)

(Language of the case: French)

In Case C-206/01: Reference to the Court under Article 234
EC by the High Court of Justice of England and Wales,
Chancery Division, for a preliminary ruling in the proceedings
pending before that court between Arsenal Football Club plc
and Matthew Reed, on the interpretation of Article 5(1)(a) of
the First Council Directive 89/104/EEC of 21 December 1988
to approximate the laws of the Member States relating to trade
marks (OJ 1989 L 40, p. 1),
the Court, composed of:
G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet,
C.W.A. Timmermans (Rapporteur) (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken,
N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; L. Hewlett, Principal Administrator, for the
Registrar, has given a judgment on 12 November 2002, in
which it has ruled:

In a situation which is not covered by Article 6(1) of the First Council
Directive 89/104/EEC of 21 December 1988 to approximate the
laws of the Member States relating to trade marks, where a third

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-228/01 and C-289/01: Reference to the
Court under Article 234 EC by the Cour d’appel de Pau (C-228/
01) and the Tribunal de grande instance de Dax (C-289/01)
(France) for a preliminary ruling in the criminal proceedings
pending before those courts against Jacques Bourrasse (C-228/
01) and Jean-Marie Perchicot (C-289/01) Third parties: Union
régionale syndicale des petits et moyens transporteurs du Sud-
Ouest (Unostra Aquitaine) (C-228/01), Fédération générale des
transports et de l’équipement CFDT (FGTE-CFDT) (C-289/01)
and Inspection du travail des transports (C-228/01 and C-289/
01), and on the interpretation of Article 2 of Council Directive
84/647/EEC of 19 December 1984 on the use of vehicles
hired without drivers for the carriage of goods by road (OJ
1984 L 335, p. 72), as amended by Council Directive 90/398/
EEC of 24 July 1990 (OJ 1990 L 202, p. 46), the Court (Second