Judgment of the Court (Grand Chamber) of 30 November 2004 in Case C-16/03 (reference for a preliminary ruling from the Hovrätten över Skåne och Blekinge): Peak Holding AB v Axolin-Elinor AB (Trade marks — Directive 89/104/EEC — Article 7(1) — Exhaustion of the rights conferred by a trade mark — Putting on the market of the goods in the EEA by the proprietor of the trade mark — Concept — Goods offered for sale to consumers and then withdrawn — Sale to an operator established in the EEA with the obligation to put the goods on the market outside the EEA — Resale of the goods to another operator established in the EEA — Marketing in the EEA)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: CCT duties, import, interpretation of the law, marketing, sale

22.1.2005

EN

Official Journal of the European Union

C 19/3

3. In circumstances such as those of the main proceedings, Article 3
of Regulation No 1408/71, in the version updated by Regulation
No 2001/83, as amended by Regulation No 2195/91, does not
preclude a competent institution, when examining entitlement to
unemployment benefit, from not taking into account,
in calcu-
lating periods of insurance completed, a period of compulsory mili-
tary service performed in another Member State.

(1) OJ C 7 of 11.1.2003.

JUDGMENT OF THE COURT

(Grand Chamber)

of 30 November 2004

1. Article 7(1) of 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, must be interpreted as
meaning that goods bearing a trade mark cannot be regarded as
having been put on the market in the European Economic Area
where the proprietor of the trade mark has imported them into the
European Economic Area with a view to selling them there or
where he has offered them for sale to consumers in the European
Economic Area,
in his own shops or those of an associated
company, without actually selling them.

2. In circumstances such as those of the main proceedings, the stipu-
lation, in a contract of sale concluded between the proprietor of the
trade mark and an operator established in the European Economic
Area, of a prohibition on reselling in the European Economic
Area does not mean that there is no putting on the market in the
European Economic Area within the meaning of Article 7(1) of
Directive 89/104, as amended by the Agreement on the European
Economic Area, and thus does not preclude the exhaustion of the
proprietor's exclusive rights in the event of resale in the European
Economic Area in breach of the prohibition.

in Case C-16/03 (reference for a preliminary ruling from
the Hovrätten över Skåne och Blekinge): Peak Holding AB
v Axolin-Elinor AB (1)

(1) OJ C 55 of 8.3.2003.

(Trade marks — Directive 89/104/EEC — Article 7(1) —
Exhaustion of the rights conferred by a trade mark —
Putting on the market of the goods in the EEA by the
proprietor of the trade mark — Concept — Goods offered for
sale to consumers and then withdrawn — Sale to an operator
established in the EEA with the obligation to put the goods
on the market outside the EEA — Resale of the goods to
another operator established in the EEA — Marketing in the
EEA)

(2005/C 19/04)

(Language of the case: Swedish)

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

In Case C-16/03: reference for a preliminary ruling under
Article 234 EC from the Hovrätten över Skåne och Blekinge
(Sweden), made by decision of 19 December 2002, received at
the Court on 15 January 2003,
in the proceedings between
Peak Holding AB and Axolin-Elinor AB, formerly Handelskom-
paniet Factory Outlet i Löddeköpinge AB – the Court (Grand
Chamber), composed of: V. Skouris, President, P. Jann, C.W.A.
Timmermans, A. Rosas and R. Silva de Lapuerta, Presidents of
Chambers, C. Gulmann
Puissochet,
R. Schintgen and J.N. Cunha Rodrigues, Judges; C. Stix-Hackl,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 30 November 2004,
in
which it has ruled:

(Rapporteur),

J.-P.

JUDGMENT OF THE COURT

(Third Chamber)

of 2 December 2004

in Case C-42/03: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Conserva-
tion and management of resources — Control measures for
fishing activities)

(2005/C 19/05)

(Language of the case: Spanish)

In Case C-42/03: Commission of the European Communities
(Agents: T. van Rijn and S. Pardo Quintillán) v Kingdom of
Spain (Agent: N. Díaz Abad) – ACTION under Article 226 EC
for failure to fulfil obligations, brought on 4 February 2003 –
the Court (Third Chamber), composed of: A. Rosas, President
of Chamber, J.-P. Puissochet (Rapporteur), S. von Bahr, J. Male-
novský and U. Lõhmus,
Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, gave a judgment on 2 December
2004, in which it: