OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY , AS LAST REVISED ON 14 JULY 1967 AT STOCKHOLM , WHICH PROHIBITS INTER ALIA ALL ACTS OF SUCH A NATURE AS TO CREATE CONFUSION WITH THE GOODS OF A COMPETITOR , AND BY THE FACT THAT THIS RULE IS RECOGNIZED IN PRINCIPLE IN THE CASE-LAW OF MOST MEMBER STATES .
10 IN ORDER TO ANSWER THE QUESTION WHETHER CASE-LAW SUCH AS THAT DESCRIBED IN THE JUDGMENT OF THE GERECHTSHOF IS NECESSARY TO ACHIEVE THE AFORESAID OBJECTIVES , OR WHETHER IT GOES BEYOND THE LIMIT WHICH THEY MAY JUSTIFY , THE MANNER IN WHICH THAT CASE-LAW IS APPLIED , AS DESCRIBED IN THE JUDGMENT , SHOULD BE SCRUTINIZED .
11 AS TO THAT , THE VERY WORDING OF THE QUESTION SUBMITTED SHOWS FIRST THAT IN THE PROVISIONAL VIEW OF THE NATIONAL COURT THE PRODUCTS WHICH IT INTENDS TO PROHIBIT FROM BEING MARKETED ARE FOR NO COMPELLING REASON PRACTICALLY IDENTICAL TO THE PRODUCTS IMITATED AND THAT THE APPELLANT IN THE MAIN ACTION THEREBY NEEDLESSLY CAUSES CONFUSION . FURTHERMORE , THE JUDGMENT OF THE NATIONAL COURT SHOWS THAT THE QUESTION WHETHER OR NOT SUCH IMITATION IS NECESSARY WAS CONSIDERED NOT ONLY FROM THE TECHNICAL POINT OF VIEW , BUT ALSO FROM THE ECONOMIC AND COMMERCIAL POINT OF VIEW .
12 SECONDLY , IT IS APPARENT FROM THE WORDING OF THE QUESTION SUBMITTED AND FROM THE CASE-FILE THAT THERE IS NO INDICATION OF AN AGREEMENT OR OF DEPENDENCE BETWEEN THE SWEDISH MANUFACTURER OF THE ORIGINAL PRODUCT AND THE GERMAN MANUFACTURER OF THE PRODUCT WHICH IS SUPPOSED TO BE AN IMITATION THEREOF AND THE MARKETING OF WHICH IN THE NETHERLANDS IS IN DISPUTE .
13 WHERE THE CIRCUMSTANCES MENTIONED BY THE NATIONAL COURT ARE MET A BODY OF CASE-LAW PROHIBITING PRECISE IMITATION OF SOMEONE ELSE ' S PRODUCT MAY NOT BE REGARDED AS EXCEEDING THE SCOPE OF THE MANDATORY REQUIREMENTS WHICH THE PROTECTION OF CONSUMERS AND THE FAIRNESS OF COMMERCIAL TRANSACTIONS CONSTITUTE .
14 THE APPELLANT IN THE MAIN ACTION HAS RAISED BEFORE THE COURT THE QUESTION OF SPARE PARTS . IT POINTS OUT THAT THE CABLE DUCTS ARE INSTALLED NOT ONLY IN BUILDINGS BUT ALSO IN SHIPS AND AN INJUNCTION AGAINST THE MARKETING OF THE GERMAN PRODUCT IN THE NETHERLANDS WOULD MAKE IT NECESSARY TO CARRY OUT REPAIRS ON SHIPS IN THE NETHERLANDS USING SPARE PARTS FOR THE SWEDISH PRODUCT , EVEN IF THE SHIP IS FITTED WITH GERMAN CABLE DUCTS . SINCE THIS QUESTION HAS NOT BEEN RAISED BY THE NATIONAL COURT AND THE RESPONDENT IN THE MAIN ACTION HAS INDICATED DURING THE PROCEDURE BEFORE THE COURT THAT THE INJUNCTION WHICH IT SEEKS DOES NOT RELATE TO SPARE PARTS FOR THE REPAIR OF THE GERMAN CABLE DUCTS , IT IS NOT NECESSARY TO RESOLVE THIS QUESTION FOR WHICH THE FOREGOING CONSIDERATIONS ARE NOT NECESSARILY CONCLUSIVE .
15 THE ANSWER TO THE QUESTION SUBMITTED BY THE GERECHTSHOF , THE HAGUE , MUST THEREFORE BE THAT THE RULES OF THE EEC TREATY ON THE